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Non-Immigrant Visa Classification Chart

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Non-Immigrant Visa Classification Chart Division of Student Affairs International Students Office • 212.772.4864 Non-Immigrant Visa Classifications Foreign Nationals Who May Be Lawfully Employed and/or Study in the U.S. with Certain Restrictions The ability to be employed and/or compensated for services in the U.S. is dependent upon the non-immigrant visa status held by the foreign national AND the specific immigration regulations, which govern the visa. Many non-immigrant visa categories permit an individual to be employed and/or compensated by a U.S. employer. However, in almost every case, employment and compensation are restricted to an identified, sponsoring employer or organization, for a fixed period of time within a specific capacity. This chart describes all the non-immigrant visa categories currently in effect today and outlines the restrictions placed on an individual's ability to be employed, receive compensation and/or study in the U.S. USNH departments should use it as a guideline only. For definitive information regarding the compensation, employment or enrollment of students and scholars at UNH, please contact the Office of International Students & Scholars. Note: U.S.C.I.S. refers to the United States Citizenship and Immigration Services, under the Department of Homeland Security. U.S.C.I.S. has taken over some of the responsibilities of the former U.S.C.I.S. (United States Citizenship and Immigration Services). VISA CLASSIFICATIONS VISA TYPE DESCRIPTION A-1 A-1 status is reserved for foreign government officials or employees of those A-2 governments such as ambassadors, public ministers, career diplomats, consular officers or other high-level government officials. Foreign Diplomatic A-2 status is used for other officials or employees of foreign governments in Personnel lesser ranks. May engage in study if incidental to the primary purpose of being in the U.S. and valid visa status is maintained. Permission to receive any compensation beyond diplomatic work must be granted in advance by the Protocol Division of the Department of State and approved by U.S.C.I.S. A-1 Dependents of foreign government officials and employees. A-2 May engage in full or part-time study. Dependents A spouse or unmarried dependent child of a foreign government official may be employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State. A-3 Attendants, servants or other personal employees of foreign government officials. May engage in full or part- time study. Only permitted to be employed by the foreign government official. B-1 An individual in the U.S. for a short period of time to engage in such business activities as: negotiating contracts for overseas employees, consulting with Visitor for Business business associates, attending professional conferences, or conducting independent research. May engage in study if incidental to primary purpose of the visit and valid visa status is maintained. Foreign visitors present in the U.S. on a B-1 visa are not permitted to be employed in the U.S. However, academic Institutions may pay honoraria and associated incidental expenses for a usual academic activity lasting not longer than nine days at any single institution. The services performed must be conducted for the benefit of the academic institution AND the foreign national may not accept payment or expenses from more than five Institutions within the previous six- month period. Must present a valid visa and Form I-94, Record of Arrival and Departure as verification of immigration status. B-2 An individual in the U.S. for travel, tourism and recreational purposes. Visitor for Tourism May engage in study, which is incidental to the primary purpose of the stay in the U.S. Full-time study is not allowed. Foreign visitors in the U.S. on a B-2 visa are prohibited from being employed in the United States. However, academic Institutions may pay honoraria and associated incidental expenses for a usual academic activity lasting not longer than nine days at any single institution. The services performed must be conducted for the benefit of the academic institution AND the foreign national may not accept payment or expenses from more than five Institutions within the previous six- month period. Must present a valid visa and Form I-94, Record of Arrival and Departure as verification of immigration status. B-2 An individual who has entered the U.S. and indicated a clear intent to study in the U.S. or to change to J-1 Exchange Visitor Status. Consulate notation Prospective Student or on visa page indicates the "Prospective" status. Individual must apply for a change of status prior to the expiration date on the I-94 card. Prospective Scholar Must apply for change of status to F-1 or J-1 immediately upon receiving I-20 or DS-2019 to be eligible for full-time study. Prohibited from receiving payments of any kind from any U.S. source. Not eligible to be employed at the academic institution until approval for change to F-1 or J-1 student status is received from U.S.C.I.S. Visa Waiver for An individual permitted to enter the U.S. without a visa for a stay limited to 90 Business days. Only available to citizens of countries designated by the U.S. State (VWB) Department. and Tourism (VWT) Laws regarding study and employment for holders of VWB (Visa Waiver for Business) or VWT (Visa Waiver for Tourism) are identical to their B-1 or B-2 counterparts listed above. Foreign nationals entering the U.S. under the visa waiver program are NOT permitted to extend the length of stay or change visa status from within the U.S. C-1, C-1D, C-2, An individual in transit from one country to another "stopping over" in the C-3 and C-4 U.S. No study allowed. Aliens in Transit Not permitted to receive payment from any U.S. source. May only be employed by the foreign government entity. D-1 Crewmen who are employed on a vessel or an aircraft who are in the U.S. on D-2 "stopovers". No study allowed. Alien Crewman Permitted to be employed in the U.S. only by the vessel or aircraft. E-1 An individual in the U.S. to conduct trade under a treaty between his/her country and the U.S., or a key employee of such a company. Treaty Trader E-1/E-2 dependents may engage in full or part-time study. The principal E-1 or E-2 Treaty Trader or Investor may engage in study if it is incidental to the primary purpose of the stay in the U.S. and valid E status is maintained. May only be employed by the trade-qualifying company through which the foreign national obtained the visa status. Dependents of E-1/E-2 visa holders are not permitted to be employed. Form I-797 authorizes employment. No EAD card is required. E-2 An individual in the U.S. to develop and direct the operations of an enterprise in which he/she has invested substantial capital, or an employee of such a Treaty Investor company. Must be based on a treaty between his/her country and the U.S. E-1/E-2 dependents may engage in full or part-time study. The principal E-1 or E-2 Treaty Trader or Investor may engage in study if it is incidental to the primary purpose of the stay in the U.S. and valid E status is maintained. May only be employed by the trade-qualifying company through which the foreign national obtained the visa status. Dependents of E-1/E-2 visa holders are not permitted to be employed. Form I-797 authorizes employment. No EAD card is required. F-1 An individual in the U.S. engaging in a full course of academic study at an accredited academic educational program. May include: elementary school, Student academic high school, college/university, conservatory or language training. (Students enrolled in vocational training are given M-1 visas.) Must participate in full-time study as defined by the academic, educational program; may reduce course load in certain circumstances as defined in the regulations and with PRIOR approval by OISS staff. May be permitted to be employed on the campus of the school in which they are enrolled for a maximum of 20 hours per week while classes are in session or 40 hours per week during school vacations. No approval from U.S.C.I.S. is needed for on-campus work. 2. May be permitted to work off-campus during their enrollment under certain circumstances. This employment requires U.S.C.I.S. authorization; EAD card issued. 3. Permitted to participate in employment directly related to their field of study. This employment may take the form of: a. Curricular Practical Training. Employment, which is required for completion of the student's degree program or for a course. Requires approval of OISS staff. No U.S.C.I.S. approval is required. b. Optional Practical Training. Employment during or after the completion of studies. Requires recommendation by OISS staff and approval from the U.S.C.I.S. in the form of an EAD card. F-2 An individual in the U.S. as a dependent of an F-1 visa holder. Dependent of May engage in part-time study. Must change status to F-1 for full-time study. F-1 Not permitted to work in the U.S. under any circumstances. G-1, G-2, G-3, G-4 An individual in the U.S.
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