Foreign Nationals in Nonimmigrant Visa Classifications Who May Be Lawfully Employed &/Or Study in the U.S

FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8

FOREIGN NATIONALS IN NONIMMIGRANT VISA CLASSIFICATIONS WHO MAY BE LAWFULLY EMPLOYED &/OR STUDY IN THE U.S. WITH CERTAIN RESTRICTIONS

Type of Visa/Description Study Restrictions Employment Restrictions A-1/ Foreign Diplomatic Personnel May engage in incidental study. Principal A-1/A-2 visa holder may be A-2 Individuals in the U.S. as employees of employed only by foreign government entity. a foreign government, e.g., ambassador, minister, diplomat, or consular officer.

Dependent of A-1/A-2 Visa Holder May engage in full-time study. Spouses and unmarried dependent children of Immediate family members of foreign a foreign government official may be government officials. (Dependents also employed if they present to INS a fully carry A-1/A-2 status.) executed Form I-566 bearing the endorsement of an authorized representative of the Dept. of State, subject to any restrictions stated in the regulations or cited on the EAD. EAD is required.

A-3 Employe of Foreign Government May engage in incidental study. May be employed only by foreign government Official Attendants or other personal entity. employees of foreign government officials.

B-1 Visitor for Business May engage in incidental study. Foreign visitors present in the U.S. on a B-1 Individuals in the U.S. for a short time to visa may not be paid any salary, wage, engage in business activities such as honorarium, stipend, or other form of consulting with business associates, compensation for services rendered from a attending professional conferences, or U.S. source. Only “reasonable” conducting independent research. May not reimbursement for incidental expenses- engage in any employment in the U.S., including accommodations, meals, and travel including salaried work, or services expenses-may be paid. performed on an independent basis.

B-2 Visitor for Tourism May engage in part-time study Foreign visitors in the U.S. on a B-2 visa are Individuals in the U.S. for travel, tourism, or incidental to visit - e.g., may prohibited from receiving payments of any recreation. enroll in short-term English kind from any U.S. source. Reimbursement of language courses as long as the expenses is prohibited. course of study is under 18 hours per week (part-time) and of “short duration.”

B-2 Prospective Student or Prospective May engage in full-time study Prohibited from receiving payments of any Scholar Individuals who enter the U.S. but must apply for change of kind from any U.S. source. indicating a clear intent to study here or to status to F-1 or J-1 immediately change to a J-1 Exchange Visitor Status. after entry. Full-time study is Consulate notation on visa page indicates permitted while change of status “Prospective” status. Individual must apply is pending. for a change of status before the expiration date on the I-94.

Visa Waiver for Business (VWB) and See B-1/B-2 visa. Laws regarding study and employement for Tourism (VWT) Individuals permitted to holders of WB or WT visa waivers for enter the U.S. without a visa for a stay business and tourism are identical to their B- limited to 90 days. Available only to 1/B-2 counterparts. Visa holders may not citizens of countries designated by the extend length of stay or change visa status. U.S.State Dept. Type of Visa/Description Study Restrictions Employment Restrictions C-1 Aliens in Transit Individuals in transit No study allowed. Not permitted to receive payment from any from one country to another “stopping over” U.S. source. in the U.S.

E-1 Treaty Trader/E-2 Treaty Investor Principal E-1/E-2 may engage in Principal E-1/E-2 visa holders may be Individuals in the U.S. to conduct trade under incidental study. E-1/E-2 employed only by the trade-qualifying a treaty between their country and the U.S., dependents may engage in full- company through which they obtained the visa and key employees of companies trading time study. status. Dependents of E-1/E-2 visa holders under such a treaty. are not permitted to be employed.

F-1 Student Individuals in the U.S. engaging Must maintain full-time 1. While maintaining valid F-1 status, may be in a full course of academic study in an enrollment as defined by employed on the campus of the school they accredited educational program. May academic instituition; part-time are authorized to attend for a maximum of 20 include elementary school, academic high study only with approval of hours per week while classes are in session. school, college/university, conservatory, or “designated school official” Part-time, on-campus employment is language training. (DSO) in accordance with INS authorized by the school, and prior INS guidelines. approval is not needed. During school vacations, students may work on campus for a maximum of 40 hours per week if otherwise eligible and intending to enroll for the next term. 2. While enrolled, visa holders in circumstances of “economic hardship” may work off campus if so recommended by DSO on form I-20. In such cases, EAD is required. 3. Participation in “Pilot Off-Campus Employment Program for F-1 Students” requires certified form ETA 9035 and I-20ID endorsed by DSO. Employment is authorized for a specific job only. 4. May participate in employment directly related to field of study. This employment may take the form of: · Curricular Practical Training. Employment required for completion of the student’s degree program. Requires approval of DSO on form I-20ID. EAD not required. Employment authorization is job specific. · Optional Practical Training. Employment during or after completion of studies. The total period of employment may not exceed 12 months. Requires recommendation of DSO and approval by INS. EAD is required.

F-2 Dependent of F-1 Visa Holder May engage in full- or part-time Not permitted to work in the U.S. under any Individuals in the U.S. as dependents of an study. circumstances. F-1 visa holder.

2 Type of Visa/Description Study Restrictions Employment Restrictions G-1 Representative of International Principal G visa holder may Principal G visa holders may be employed Organization Individuals in the U.S.as engage in part-time study. G only by the international organization or G-2 representatives of an international dependents may engage in full- foreign government they represent. Spouses G-3 organization - e.g., the United Nations time study. and unmarried dependent children of an G-4 - and their dependents. officer may be employed if they present to INS a fully executed Form I-566 bearing the endorsement of an authorized representative of G-5 Personal Employee of G-1, G-2, G-3 May engage in part-time study. the Dept of State, subject to any restrictions or G-4 Visa Holder Individuals in the U.S. stated in the regulations or cited on the EAD. as personal employees of a representative of EAD is required. G-5 may be employed only an international organization. by the official or representative of the international organization.

H-1A Registered Nurse Individual in the May engage in part-time study Eligible to be employed only by the petitioner U.S. to perform professional nursing while maintaining H visa status. through whom status was obtained. INS Form services for a specific employer for a fixed I-797A authorizes employment. EAD is not period of time. required.

H-1B Temporary Worker in a Specialty May engage in part-time study Employment permitted only with the Occupation Individuals in the U.S. to while maintaining H visa status. sponsoring institution that obtained INS perform professional services for a approval for the visa classification. Prohibited sponsoring employer in a specific position from receiving payments from other for a fixed period of time. Employment organizations. However, individuals may authorization is granted for an initial period receive INS approval to work in H-1B status of up to 3 years. Extensions for an for more than one employer. Each employer additional 3 years are possible. must petition INS and receive approval for the employment. INS Form I-797A authorizes employment. EAD is not required.

H-2A Agricultural Worker Individuals in May engage in part-time study May be employed only by the petitioning the U.S. to perform agricultural work on a while maintaining H visa status employer for a specific period of time. INS temporary basis. Form I-797A authorizes employment. EAD is not required

H-2B Skilled or Unskilled Worker May engage in part-time study May be employed by the petitioning employer Individuals in the U.S. in a temporary while maintaining H visa status for a specified period of time. INS Form I- position for which a shortage of U.S. 797A authorizes employment. EAD is not workers exists, working for a specific required employer for a fixed period of time.

H-3 Trainee Individuals in the U.S. for a May engage in part-time study May work only for the petitioning employer temporary period to participate in a training while maintaining H visa status for the period of validity of the petition. INS program provided by a specific employer. Form I-797A authorizes employment. EAD is not required

H-4 Dependent of H Visa Holder May engage in full- or part-time Not permitted to be employed or receive Individuals in the U.S. as dependents of an study. compensation from any U.S. source. “H” visa holder.

I Representative of Foreign Information Principal I visa holder may Permitted to be employed only by the Media Individuals in the U.S. as journalists engage in part-time study. sponsoring foreign news agency or bureau. or representatives of international media, Dependents are permitted to Dependents are not permitted to be employed. and their dependents. engage in full-time study.

3 Type of Visa/Description Study Restrictions Employment Restrictions J-1 Exchange Visitor (Student) Must maintain full-time May be employed on the campus of the school Individuals in the U.S. as exchange visitors enrollment. May engage in part- in which they are enrolled to a maximum of 20 for the primary purpose of studying at an time study only if authorized by hours per week with prior written academic institution under the auspices of Responsible Officer (RO) of authorization from the RO of their Designated the United States Information Agency and a Designated Sponsor Program. Program. May work off campus under limited Designated Program Sponsor. circumstances provided they have obtained prior written authorization from the RO. Employment does not require additional permission from INS or an EAD. Eligible for 18 months of academic training following completion of their program (36 months for postdoctoral training).

J-1 Exchange Visitor (Short-term May enroll only in part-time Eligible to receive payment from the Scholar, Professor, Researcher, or study related to principal organization listed on Form IAP-66 as the Specialist) Individuals in the U.S. as activity provided program can be source of funds and/or the Designated visiting researchers or professors under the completed within limitation of Program Sponsor for the period of validity as auspices of the United States Information stay. stated on the IAP-66. Under limited Agency and a Designated Program Sponsor. circumstances, may receive compensation from other institutions provided prior written authorization from the RO of their Designated Program has been secured. IAP-66 Form authorizes employment. EAD is not required.

J-1 Au Pair Individuals in the U.S. under May enroll in “postsecondary Eligible to receive payment only from the host the auspices of the U.S. Information Agency institutions” while maintaining family or the Designated Program Sponsor for and a Designated Program Sponsor to serve J-1 status as an au pair. child-care services not to exceed 45 hours per as a live-in child-care provider for a host week. family.

J-2 Dependent of J-1 Visa Holder May engage in full- or part-time Eligible to apply to INS for work Individuals in the U.S. as dependents (spouse study. authorization. With EAD issued by INS, may or unmarried child under the age of 21) of a work for any employer. Employer must J-1 student or scholar. reverify employment authorization after expiration date on EAD

L-1 Intracompany Transferee L-1 may engage in part-time May be employed only by company that L-2 Dependent of L-1 Visa Holder study. L-2 dependents may obtained visa status on their behalf. INS Form Individuals in the U.S. who have been engage in full-or-part time I-797A authorizes employment. EAD is not transferred from a subsidiary, affiliate, or study. required. branch office overseas to the U.S. to work in L-2 dependents are not permitted to work or an executive, managerial, or specialist receive payment from any U.S. source. capacity, and their dependents.

M-1 Vocational Student Individuals Must study full-time; part-time May be employed for practical training enrolled in a vocational school or program in study only if authorized by DSO. following completion of studies for a the U.S. maximum of 6 months. Must apply to INS for EAD. Employment must be related to field of study and recommended by DSO through endorsement of I-20. Employer must reverify employment authorization after expiration date on EAD.

M-2 Dependent of M-1 Visa Holder May engage in full- or part-time Not permitted to be employed or receive Individuals in the U.S. as dependents of an study compensation from any U.S. source M-1 visa holder.

4 Type of Visa/Description Study Restrictions Employment Restrictions O-1 Person of Extraordinary Ability May engage in part-time study May be employed and compensated only by O-2 Accompanying Personnel Individual while maintaining O status. the petitioning employer or agency through of extraordinary ability in the sciences, arts, whom the status was obtained. INS Form I- education, business, or athletics who is in 797A authorizes employment. EAD is not the U.S. to work for a sponsoring employer required. or organization (O-1), and their accompanying personnel (O-2).

O-3 Dependent of O-1 and O-2 Visa May engage in full-time study. Not permitted to be employed or receive Holder Individuals in the U.S. as compensation from any U.S. source dependents of O-1 and O-2 visa holders.

P-1 Internationally Recognized Athlete May engage in part-time study May be employed and compensated only by or Entertainment Group, or Essential while maintaining P status. the petitioning employer or agency through Support Personnel Individuals in the U.S. whom the status was obtained. If a member of as internationally recognized athletes a group, may not perform services apart from competing individually or as part of a team, the entertainment group. INS Form I-797A or individuals performing as part of an authorizes employment. EAD is not required. entertainment group that has been internationally recognized, and their essential support personnel.

P-2 Artist or Entertainer Under a May engage in part-time study May be employed and compensated only by Reciprocal Exchange Program while maintaining P status. the petitioning employer or agency through Individuals in the U.S. as artists or whom the status was obtained. INS Form I- entertainers, operating individually or as a 797A authorizes employment. EAD is not group, who will be performing under a required reciprocal exchange program between an organization in the U.S. and one in a foreign state.

P-3 Artist or Entertainer in a Culturally May engage in part-time study May be employed and compensated only by Unique Program Individuals in the U.S. as while maintaining P status. the petitioning employer or agency through artists or entertainers, individually or as a whom the status was obtained. INS Form I- group, recognized for excellence in 797A authorizes employment. EAD is not developing, interpreting, representing, required coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

P-4 Dependent of P-1, P-2, or P-3 Visa May engage in full-time study. Not permitted to be employed or receive Holder Individuals in the U.S. as compensation from any U.S. source dependents of the holder of a P-1, P-2, or P- 3 visa.

Q Participant in an International May engage in part-time study. May be employed and compensated only by Cultural Exchange Program Individuals the petitioning employer or agency through in the U.S. as participants in an international whom the status was obtained. INS Form I- cultural exchange visitor program approved 797A authorizes employment. EAD is not by the Attorney General to provide practical required training, employment, and the sharing of the history, culture, and traditions of the foreign national’s country (“Disney Visa”).

5 Type of Visa/Description Study Restrictions Employment Restrictions R-1 Religious Worker Individuals in the May engage in part-time study. May be employed and compensated only by U.S. as members of a bona fide religious the religious organization through which the denomination carrying out the activities of a status was obtained. EAD is not required religious worker.

R-2 Dependent of R-1 Visa Holder May engage in full-time study. Not permitted to be employed or receive Individuals in the U.S. as dependents of an compensation from any U.S. source R-1 visa holder.

TN Trade NAFTA (for citizens of Canada May engage in part-time study. May be employed and compensated only by & Mexico) Individuals in the U.S. to the sponsoring employer through whom the perform professional services for a status was obtained. Canadians require only an sponsoring employer in a specific position I-94 card as employment authorization. for a fixed period of time. Mexicans require INS Form I-797A; EAD is not required.

T-D Dependent of TN Visa Holder May engage in full-time study. Not permitted to be employed or receive Individuals in the U.S. as dependents of a TN compensation from any U.S. source visa holder.