Visa Programs and Sponsorships at Rutgers

J-1 Exchange Visitors can be a visiting researcher, professor, student, or specialist from a country outside of the United States who has been approved to enter the United States for a specific purpose and for a limited amount of time.   

Categories and Maximum Lengths of Stay: 

• Professors or Research Scholars: Five years (this includes Postdoctoral Associates and Fellows)
• Short-term Scholars: Six months
• Visiting Research Students (Non-Degree): Two years
• Student Interns: One year

Sponsorship:

J-1 visa holders must be primarily funded by either Rutgers, their host university, government agencies, or other legitimate agencies for the duration of their stay. Only 25% of funding requirements may come from personal finances.

Status Document:

DS-2019 Certificate of Eligibility

Funding requirements:

J-1 Funding requirements can be found here. 

Families:

Spouses and unmarried children under the age of 21 who will accompany J-1 visa holders during their time in the United States must obtain a J-2 visa.

Special Conditions:

Exchange Visitors may only be employed by their sponsoring department at Rutgers. Occasional lecturing and consultation outside of Rutgers is allowed only with vetting and permission in advance by Rutgers Global–International Student and Scholar Services.

International student interns (paid or unpaid) may only work for their sponsoring department at Rutgers for up to 32 hours per week. 

Visiting Research Students (non-degree) may only be employed by the sponsoring department at Rutgers for a maximum of 20 hours per week. They can only work on projects that will enhance their approved research plan.

J-1 Student Interns vs Visiting Research Students  

The J-1 Student Intern category is reserved for students who are currently in a degree program abroad and seek to visit Rutgers to engage in a project/research-based internship that is integral to the curriculum of the home institution's degree program to which the intern will return. International student interns (paid or unpaid) may only work for their sponsoring department at Rutgers for up to 32 hours per week.   

The J-1 Visiting Research Student category is reserved for students who are currently enrolled in a degree seeking program outside of the US, and are coming to Rutgers to conduct research that is necessary for, or integral to, completion of a degree at their home institution.  Visiting Research Students (non-degree) may only be employed by the sponsoring department at Rutgers for a maximum of 20 hours per week. They can only work on projects that will enhance their approved research plan. 

To begin the process, you will first need an invitation from a sponsoring department.  Your host department will then contact you and provide you with access to the Rutgers Global Sunapsis portal. There, you will enter required biographical information and upload documents.  

These documents include: a copy of your passport, the invitation/appointment letter from your Rutgers department, a research proposal, your most recent CV/resume, proof of funding, and more. If you are planning on bringing your spouse and/or your (unmarried) children under the age of 21 as J-2 dependents, you will also be asked to submit their biographical information in Sunapsis.  

Rutgers Global – ISSS will review the documents and communicate with your host department if anything else is required. For more prearrival information, click here.

1. The total period of J-1 authorization may not exceed 5 years. This includes time previously spent in J-1 status at another institution.
2. J-1 Exchange Visitors must submit for approval from International Student and Scholar Services (ISSS), in writing, any intent to change their work location, title, job duties, or research area prior to the change(s) taking place.
3. J-1 Exchange Visitors may not accept any employment, on or off campus, which is not listed on the Form DS-2019 without first obtaining written authorization from a Responsible Officer (RO) or Alternate Responsible Officer (ARO) at ISSS.
4. J-1 Exchange Visitors and their J-2 dependents must maintain health insurance coverage that meets the university level of requirements and remains valid for the duration of the J-1’s program.
5. J-1 Exchange Visitors must report to ISSS the end of their affiliation with Rutgers by submitting a J-1 Request to “Close SEVIS Record” through the Sunapsis portal.
6. If a J-2 dependent leaves the U.S. and returns permanently to their home country prior to the J-1, ISSS must receive a “Request to Close J-2 Dependent Record” through the Sunapsis portal.
7. Before traveling outside the U.S. with the intention of re-entering under the J-1 status, foreign nationals must have their Form DS-2019 endorsed by an RO/ARO at ISSS. A J-1 travel authorization e-form, approved by the J-1 Exchange Visitor's supervisor, must be submitted to ISSS through Sunapsis, before the intended travel date.
8. J-1 Exchange Visitors may not be outside of the U.S. for more than 30 days, while in active status unless previously authorized by ISSS and the host professor.
9. Applications for extension of J-1 status must be submitted by the sponsoring department to ISSS no less than 2 months prior to the program end date indicated on the Form DS-2019.
10. J-1 Exchange Visitors are not eligible for extensions or transfers of J-1 status if the beneficiary has received a "no objection" letter from the Department of State or a waiver from U.S. Citizenship & Immigration Services in relation to 212(e) (also known as the 2-year home country residence requirement).
11. J-1s are only eligible to transfer to another institution if they intend to continue their original program objectives. A transfer-out request requires approval from the Exchange Visitor’s supervisor.
12. J-2 dependent status is contingent upon the continued validity of the J-1 Exchange Visitor's status. Loss of legal status by the J-1 Exchange Visitor represents automatic loss of legal J-2 status for his/her dependents.
13. J-2 dependents may not remain lawfully in the U.S. if the J-1 Exchange Visitor is absent from the country for more than 30 days.
14. J-1 Exchange Visitors must notify ISSS of changes of address within 10 days of moving.
15. J-1 Exchange Visitors and their dependents must have a valid passport at all times while in the U.S..  (Passport must be valid for at least 6 months into the future.)  

212(e) Two-Year Foreign Residence Requirement

Certain J-1 Exchange Visitors are subject to the two-year foreign residence requirement.  These exchange visitors must reside and be physically present in their country of nationality or last legal permanent residence for an aggregate of at least two years following completion of the exchange program and departure from the United States.  These exchange visitors are ineligible to apply for or receive an H, K, or L nonimmigrant visa, nor are they eligible for an immigrant visa or permanent residence until they have either complied with the foreign residence requirement or received a waiver.

You will be subject to the 212(e) if: 

(a)  You are participating in an exchange program financed in whole or in part, directly or indirectly, by an agency of the U.S. Government, your home government, or an international organization which received funding from the U.S. Government or your home government

(b)  Your exchange program involves an area of study or field of specialized knowledge (Skills List) that has been designated as necessary for further development within your home country. The skills list can be found here. 

(c)  You entered the United States to receive graduate medical education or training.

24 Month Bar on Repeat Participation 

(Professor or Research Scholar Category Only)

• When your program ends, you and your dependents are barred from starting a new program in the J-1 Professor or Research Scholar Category for 24 months.

• You can re-enter the U.S. in another J-1 category (except Professor or Research Scholar), or you may change to another non-immigrant status as long as you are not subject to the 2-year home residency requirement.

• Once your program ends, you cannot utilize unused program time for extensions, transfers or to start a new program (even if your program ended prior to the 5-year maximum).  

• Some Exchange Visitors may be eligible for the “Short-Term Scholar” category (up to 6 months). 

12 Month Bar on Repeat Participation

(Student Non-Degree Only)

If you were present in the U.S. in any J-1 or J-2 status (other than J-1 “short term scholar”) for 6 months or more within a 12 month period, you are subject to a 12-month bar from participating in the categories of “Professor or Research Scholar.” This primarily applies to Visiting Research Students (non-degree).

Grace Period for J-1 Visa Holders

• Upon completion of your exchange program, you have a grace period of 30 days to depart the United States. 

• You may use this time to shop, sightsee, pack, sell your car, etc.

• Absolutely NO employment, NO research, and NO teaching or project work is permitted during the 30-day grace period. 

• Do not cross the U.S. border during the grace period – you will not be able to reenter the U.S.

No Clinical Activities Permitted

J-1 Exchange Visitors sponsored by Rutgers cannot participate in any clinical activities, which include any incidental patient contact.  A J-1 Exchange Visitor may conduct research involving data that has been collected from someone else's clinical research.  However, the J-1 Exchange Visitor cannot have any incidental contact or interaction with patients.  

If you are a scholar in J-1 status or a J-2 dependent, you will need a travel signature to re-enter the U.S. in J status after a visit abroad. 

To request a Travel Authorization Signature, please log into the RGLOBAL portal.  

Be aware that approval from your Host Faculty or Supervisor is required. Allow approximately 1 week for processing.  

Please note Exchange Visitors should not be out of the country for more than thirty (30) days, as it will be considered a disruption of program. 

Eligibility for extension depends on your situation.  Please consult with your sponsoring unit's administrator to discuss possible extension well in advance of your DS-2019 expiration date.  

It is not possible to extend an expired Form DS-2019.  

A transfer is possible in certain cases. You must first find another institution that will accept you and your approved research program. You should also discuss your plans in advance with your host professor and unit's administrator. 

The J-2 Visa is a non-immigrant visa issued by a consular official at a U.S. embassy or consulate for spouses and dependents (unmarried children under the age of 21) of J-1 Exchange Visitors who accompany or later join the J-1 Exchange Visitor in the United States.

Maximum Length of Stay:

This depends on the length of the primary J-1 visa holder's DS-2019 status document. J-2 dependents may not remain in the United States after the J-1 visa holder leaves the country, unless the primary J-1 visa holder’s absence is brief and temporary.

Dependent visas are meant for family members who want to visit the J-1 visa holder in the United States for a significant period of time. If your family member will come for three months or less, you may want to consider applying for a B-2 (tourist visa) instead.

Funding Requirements:

J-1 visa holders must show proof that they have sufficient funds to support their living expenses as well as those of their dependents during their stay in the U.S. 

Shopping Trips | Rutgers 

US Embassies

Visa Wait Times

New Jersey Motor Vehicle Commission

Social Security Administration Office Locator 

International Women's Group

Rutgers, The State University of New Jersey maintains a policy governing the employment of Foreign Nationals. Please refer to pages 7 & 8 for information  specific to H-1B sponsorship and the appendix for eligible titles. (University Policy 60.1.2)

Please note that the H-1B status is employer- and job- specific. Any changes to the conditions of the H-1B beneficiary’s employment, including title, worksite location, job duties and salary, must be reported to ISSS prior to the change taking place.  Any unauthorized changes may constitute a violation of the H-1B beneficiary’s immigration status.   

212(e) 2-Year Home Residency Requirement

• If the Foreign National was previously in the United States in J status, they may be subject to the 212(e) 2-year Home Residency Requirement. 

• If the Foreign National has not fulfilled the 2-year Home Residency Requirement or received a waiver approval from USCIS, they will not be eligible for H-1B sponsorship. 

Minimum Length of H-1B Sponsorship: 1 Year

•  Except in limited cases, H-1B sponsorship must be for at least 1 year.  

Maximum Length of H-1B Employment : 6 Years

• Employers can sponsor Foreign Nationals for H-1B status in 1 to 3 year increments for a maximum period of 6 years.

• Time previously spent in the U.S. in H-1B or L-1 status counts against the allowable 6-year maximum. 

• H-1B employees who have reached the 6-year maximum must reside outside the U.S. for at least 12 months before they can once again apply for H-1B status.

Grace Period

Foreign nationals arriving in the U.S. on an initial H-1B approval can arrive no more than 10 days prior to the start date of their employment. This time is given to procure housing and basic necessities. USCIS may also grant the foreign national a 10-day grace period at the end of their employment validity period to prepare for their departure. Be aware that no employment should be conducted during either grace period. 

Consular Processing 

• If the Foreign National is not in the U.S. at the time ISSS submits the H-1B petition to USCIS, the petition will be processed as a request for Consular Notification. This means that the H-1B petition will first need to be approved by USCIS. Then, once USCIS approves the H-1B petition and the Foreign National receives the I-797 Approval Notice, the Foreign National will then need to apply for an H-1B visa at a consular post outside of the U.S. (Please note that Canadian citizens are visa exempt. They only need to present the I-797 Approval Notice upon entry to the U.S.) 

• Individuals who have received a Consular Petition approval and obtained their H-1B visa are permitted to enter the United States up to 10 days prior to the H-1B validity start date, which is indicated on the I-797 Approval Notice. Once in the U.S., the foreign national must be placed on Rutgers payroll within 30 calendar days. 

Change of Status 

• Foreign Nationals who are currently in the U.S in a different non-immigrant status* may wish to accept employment at Rutgers and be sponsored for H-1B status. This would require a petition to USCIS for a Change of Status. *Rutgers does not file Change of Status requests from B visitor status to H-1B. 

• The internal process at Rutgers for requesting a Change of Status to H-1B is the same as other H-1B requests. However, additional supporting documentation may be required from the Foreign National to demonstrate that they will maintain valid immigration status until their start date at Rutgers. 

• The petition for a Change of Status must be submitted to USCIS prior to the current status end date. Employment in the new position may not commence until an I-797 Approval Notice is received by ISSS from USCIS. In general, beneficiaries must maintain their non-immigrant status until the start date at Rutgers.    

• Foreign Nationals who have been in the U.S. in J status and who are subject to the two-year home residency requirement (INA 212(e)) are ineligible for H-1B status, unless the 212(e) requirement has been fulfilled or a waiver of the requirement has been approved by USCIS. 

Transfers/H-1B Portability 

Individuals currently in the U.S. in H-1B status may choose to change employers. This is known as a “transfer” of status or H-1B portability. A transfer of H-1B status to a new employer requires that the new employer file an H-1B petition with USCIS on behalf of the prospective employee. Rutgers hiring units and prospective H-1B employees should keep the following in mind when considering a transfer to Rutgers: 

• The H-1B employee is allowed to begin his/her employment with Rutgers once (1) ISSS has filed the H-1B petition and received a receipt notice from USCIS and (2) the requested start date of employment at Rutgers has arrived. It is not necessary to wait for the petition to be approved for the Foreign National to begin his/her employment at Rutgers. The employment with the new employer may continue if USCIS has not denied the petition. 

• Time spent in H-1B status with another employer counts towards the 6-year maximum allowed in H-1B status. H-1B employees can become eligible for another 6 years of H-1B status once they spend a minimum of 12 months outside the U.S. 

• The H-1B beneficiary should not give notice of resignation to his/her current employer until Rutgers has filed its H-1B petition. H-1B beneficiaries are expected to maintain their H-1B status throughout the transfer process. If there is a gap between the beneficiary’s last day of employment at his/her current employer and start date at Rutgers, USCIS may find that the beneficiary has violated his/her immigration status. Rutgers hiring units are advised to work closely with ISSS to ensure that there is no gap in the foreign national’s employment. 

• Transferring from one Rutgers or RBHS department to another does not constitute a “transfer” of the H-1B status. Interdepartmental transfers fall under the “change in previously approved employment” category. Please contact ISSS for guidance on this issue. 

In order to enter the U.S., H-1B employees must present the following: 

• Valid Passport - As a general rule, passports must be valid for six months beyond the date the traveler will exit the United States. 

• Valid H-1B Visa* - If you have changed H-1B employers and possess a valid H-1B visa annotated with the name of a previous employer, you may continue to use your original H-1B visa for entry into the United States. 

• Valid I-797 H-1B Approval Notice - Rutgers keeps all original I-797 Approval Notices on file. If you need to travel, please contact our office in advance to arrange a time to borrow your approval notice. 

*Canadian citizens are visa exempt. 

If you need to apply for an H-1B visa, you must schedule an appointment at a consular post outside of the U.S. You cannot apply for a visa within the U.S. For more information and a list of required documents, please consult the webpage of the applicable consular post. You can check Visa Appointment Wait Times here. 

After arrival, it is your responsibility to access your Form I-94 Arrival/Departure Record and verify that you have been properly admitted. The Form I-94 governs your immigration status and duration of authorized stay. Accordingly, it is important that it is correct. Please note that U.S. Customs & Border Protection has the authority to limit your duration of authorized stay if your passport will expire prior to the expiration of the I-797 H-1B Approval Notice. If your duration of authorized stay has been shortened, promptly notify the International Faculty and Scholar Services office. 

Automatic Visa Revalidation – Travel to Canada or Mexico with Expired H-1B Visa for 30 Days or Less 

Under Automatic Visa Revalidation, certain nonimmigrants holding expired visas who seek to return to the U.S. may be admitted at a U.S. port-of-entry by CBP, if they meet certain requirements. For a full list of requirements, please visit the Department of State and CBP webpages. Before traveling under automatic visa revalidation, be sure to review these requirements carefully.  

1. Generally, the total period of H-1B authorization may not exceed 6 years. This includes time previously spent in H-1B or L-1 status. Petitions for H-1B status may be submitted for up to 3 years at a time.
2. The H-1B status is employer, job title, salary, work location, and job description specific. You must notify ISSS in advance of any changes to your job title, duties, work location, or salary (aside from scheduled increases). You may not accept employment with a different unit or change job title or responsibilities at Rutgers before we file an amended H-1B application with USCIS.   
3. Generally, there is a 10-day grace period granted at the end of one's H-1B status. During the grace period, the H-1B employee may legally stay in the U.S. but no employment is permitted. However, if employment is terminated early, there is no grace period.  
4. An H-1B employee must notify ISSS immediately of any intent to terminate his/her employment with Rutgers before the expiration date of the approved H-1B petition.
5. In the event that the employment is terminated by Rutgers prior to the expiration date of the H-1B approval notice, the hiring unit is responsible for covering reasonable travel expenses for the employee’s return to his/her last country of legal residence. The hiring unit is not responsible for travel expenses if the employee voluntarily resigns.  
6. H-1B extension petitions must be filed with USCIS prior to the expiration of the current H-1B approval. They can be submitted 6 months before the current H-1B expiration date.  The hiring unit must initiate H-1B extension requests with ISSS at least 2 months before the current H-1B expiration date.
7. All H-1B employees must maintain passports that are valid for at least 6 months beyond their H-1B expiration date.
8. H-1B employees must report changes of address to USCIS within 10 days of moving by completing and submitting the Form AR-11 to USCIS, which can be found at http://www.uscis.gov.
9. Spouses and unmarried children (under the age of 21) of H-1B employees are eligible for H-4 dependent status.  H-4 children who turn to 21, or who marry, are no longer eligible for H-4 status. H-4 dependents may legally study in the U.S., but are generally not authorized for employment in the U.S. (with some exceptions).  
10. H-4 dependents' immigration status is contingent on the continued validity of the principal applicant's H-1B status.  Loss of legal H-1B status by the principal applicant results in an automatic loss of H-4 status for their dependents.  
11. Action taken to extend or change the H-1B employee’s immigration status does not automatically grant extension/change of immigration status for their dependents.  H-4 dependents are responsible for submitting the Form I-539 to change or extend their immigration status.  ISSS is not authorized to advise on or complete the Form I-539.  The Form I-539 and filing/fee instructions are available online at www.uscis.gov.  
12. It is the H-1B employee's responsibility to work with the sponsoring unit and/or University Human Resources to complete the I-9 Employment Eligibility Form. It is also the H-1B employee's responsibility to work with University Human Resources to update the Form I-9 upon filing and approval of any subsequent H-1B extension. The Form I-9 is not automatically updated upon the filing/approval of an H-1B extension. By law, the H-1B employee must submit proof of work authorization.
13. H-1B employees must notify ISSS in advance if they plan to spend more than 30 days outside of the U.S.  

Extensions 

Applications for an extension of H-1B status must be filed with USCIS prior to the expiration of the Foreign National's current H-1B status. Employers may file for extensions as early as 6 months prior to the expiration of the current H-1B status. Failure to file the application for extension prior to the expiration date of the current H-1B approval constitutes a violation of the H-1B employee's nonimmigrant status. H-1B employees for whom an extension has been filed with USCIS in a timely manner may continue their employment with the same employer for a period of up to 240 days while the application is pending with USCIS, provided our office has received written notification from USCIS indicating that the application has been received.

Amendments 

Each H-1B approval is job title, job duty, and location-specific. Rutgers hiring units must contact ISSS if they anticipate any changes to an H-1B employee’s job title, job duties, or worksite location. In most cases, any of these changes will require the filing of an amended H-1B petition before the change can take place. 

It is the responsibility of the H-1B employee to ensure that their dependents maintain valid immigration status in the U.S.  

• Spouses and children (under the age of 21)* of H-1B workers are eligible to apply for the H-4 dependent status by filing the Form I-539 (https://www.uscis.gov/i-539) if currently residing in the US**. It is the responsibility of the Foreign National to prepare and submit the form in a timely manner. As a courtesy, ISSS will enclose the Form I-539 concurrently with the H-1B petition. However, ISSS is not authorized to review or provide any legal advice pertaining to the Form I-539.  

*Children born in the U.S. are not required to file for H-4 status.  

**Dependents who are currently outside of the U.S. are able to apply for an H-4 visa at a U.S. consular post. (Canadians are visa exempt.) The Form I-539 does not need to be filed for dependents outside of the U.S. 

• Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. Please contact an immigration attorney for any further questions regarding H-4 employment. For more information, please refer to the USCIS page here.  

USCIS Check my Status

Embassy Locations    

NJ Motor Vehicle Commission 

SSA (Be aware, due to COVID-19 appointments may be cancelled or delayed)  

AR-11 Address Change 

The O-1 beneficiary must also submit evidence of at least three (3) of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

Meeting the minimum requirement of providing required initial evidence does not, in itself, guarantee approval.  USCIS uses a 2-step adjudicative approach.  First, USCIS determines whether the petitioner submitted the required evidence that meets a sufficient number of criteria.  Then, USCIS reviews the entire record as a whole to determine whether it sufficiently demonstrates that the beneficiary “possess extraordinary ability in the sciences, arts, education, business, or athletics.”

The O-1 is approved for an initial period of up to three (3) years.  It can then be extended in increments of up to one (1) year.

If the beneficiary is subject to the 212(e) two-year home residency requirement, s/he must share a plan to fulfil this requirement before the first O-1 extension.

Spouses and unmarried children (under 21) of O-1 foreign nationals may seek admission in O-3 nonimmigrant classification. They may not work in the United States under this classification, but they may engage in full or part time study on an O-3 visa.

Rutgers is able to sponsor foreign nationals holding certain eligible positions for Permanent Residence via the following categories (referred to as “employment-based preference petitions”). Rutgers Global–International Student and Scholar Services will determine which path is most appropriate on a case-by-case basis. Rutgers does not file multiple immigrant visa petitions for a single faculty member.

Permanent Labor Certification (PERM)

For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL).

The DOL has special recruitment and documentation procedures for the sponsorship of college and university teachers through a Permanent Labor Certification (PERM).  Under the Special Handling provision, a university must show that the foreign national was selected for the job opportunity through a competitive recruitment and selection process through which the foreign national was found to be more qualified than any of the United States workers who applied for the job.  The PERM application must then be filed within 18 months after a selection is made. 

The DOL’s Special Handling provision for college and universities only applies to teaching positions.  Non-teaching positions are not eligible for sponsorship under this category.

Once the DOL has certified the PERM application, Rutgers can proceed to file a Form I-140 Immigrant Petition with United States Citizenship and Immigration Services (USCIS).

Outstanding Researcher or Professor

USCIS allows employers to file immigrant visa petitions for outstanding professors and researchers.  This does not require a Labor Certification from the Department of Labor.  The immigrant visa petition can be filed directly with United States Citizenship and Immigration Services (USCIS). 

In order to qualify as a “Outstanding Researcher or Professor,” the sponsored foreign national must:

• Demonstrate international recognition* for outstanding achievements in a particular academic field.
• Have at least three (3) years of experience in teaching or research in that academic area.
• Have a job offer for a tenured or tenure-track teaching position or comparable permanent research position (non-tenure track faculty must have been at Rutgers for a minimum of one (1) year and be reappointed with at least 3 years of guaranteed funding support). 
• Provide documentation of at least two (2) of the criteria** listed below:
  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field. 

*Because this category requires proof of international recognition, beneficiaries must submit letters from international researchers/scholars and other documentation from international conferences, journals, professional associations, etc. showing that they have an international reputation for outstanding achievement.  

**Meeting the minimum requirement of providing required initial evidence does not, in itself, guarantee approval.  USCIS uses a 2-step adjudicative approach.  First, USCIS determines whether the petitioner submitted the required evidence that meets a sufficient number of criteria.  Then, USCIS conducts a “Final Merits Determination” based on the entire record of achievements, publications, citations, peer review, etc. to determine whether it sufficiently demonstrates that the beneficiary has been “internationally recognized as outstanding.”

There are additional preference categories that do not require Rutgers sponsorship.  Employees who are not eligible for Rutgers sponsorship or would like to pursue multiple petitions may be able to file under the categories listed below.

In self-sponsorship cases, the employee is permitted to hire an immigration attorney to represent him/her. However, since it is also possible for an employer to serve as the sponsor in either of these two categories, it is absolutely essential that the employee make it clear to any outside attorney that the employee—not Rutgers—is serving as the sponsor in this case.

Alien of Extraordinary Ability

An employee may be eligible for a self-sponsored, employment-based immigrant visa if s/he is an alien of extraordinary ability. The applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. For more information visit, USCIS’ website.

National Interest Waivers

National interest waivers are usually granted to those who have exceptional ability (“means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”) and whose employment in the United States would greatly benefit the nation. For more information visit, USCIS’ website.

The E-3 visa category allows nationals of Australia to come to the U.S. and temporarily perform services in a specialty occupation. Similar to the H-1B visa, because the E-3 visa category is limited to “specialty occupations,” only certain full-time positions are eligible for sponsorship.  Please refer to the Rutgers University Policy on Employing Foreign Nationals for a list of eligible job titles (same as H-1B).  

Period of Authorized Stay - The E-3 is approved in increments of up to two (2) years.  The regulations do not specify a maximum number of extensions.  However, all E-3 visa holders must maintain the intent to return to their home country.  

Dependent Family Members - Spouses and unmarried children (under 21) of E-3 foreign nationals may seek admission in E-3D nonimmigrant classification. Spouses are eligible for work authorization but must obtain an Employment Authorization Document (EAD) from USCIS prior to working.  Both spouses and children may engage in full or part time study on an E-3D visa.

Processing Time – While the E-3 application process is generally quicker than the H-1B process, departments are encouraged to submit E-3 petition packets to the appropriate campus office at the earliest time allowed by regulations, which is six (6) months prior to the employment start date.

Further information can be found here.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.  The position must be one of the designated professions listed in the North American Free Trade Agreement (NAFTA).  A list of eligible professions is available through the Department of State’s website.

Please consult with Rutgers Global–International Student and Scholar Services to determine whether a TN is more appropriate than an H-1B and whether the job title is covered by NAFTA.  If so, an employer petition is not required.  The sponsoring department would only need to issue a letter to the prospective employee outlining the job title, salary, dates (the appointment must be temporary), and job responsibilities.

Period of Authorized Stay - The TN can be approved in increments of up to three (3) years.  However, U.S. Customs & Border Protection (CBP) has the discretion to limit the duration of authorized stay to less than three (3) years.  

Dependent Family Members -   Spouses and unmarried children (under 21) of TN foreign nationals may seek admission in TD nonimmigrant classification. They may not work in the United States under this classification, but they may engage in full or part time study.

Processing Time – The application procedures and timing differ based on nationality.  Canadian nationals do not require a visa and can apply for TN nonimmigrant status at a U.S. port-of-entry or pre-flight inspection office.  Mexican nationals must first apply for a TN visa.  

See the Department of State’s website for more information.

F-1 students are able to participate in Optional Practical Training (OPT), which is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion).  The student must obtain an EAD from USCIS before they are authorized to work. The student may not begin employment until the date indicated on the EAD.

F-1 students who have earned a degree in certain science, technology, engineering and math (STEM) fields may be eligible to apply for a 24-month extension of OPT employment authorization.  Employers of STEM OPT students are required to implement a formal training program (documented on a Form I-983 Training Plan) to augment the student’s academic learning through practical experience. See USCIS’ website for other employer obligations.

Several nonimmigrant visa categories allow dependent spouses to apply for an Employment Authorization Document (EAD).  A valid EAD provides the cardholder with authorization to work in the U.S. for a specific time period. There are no immigration-related restrictions with respect to full-time/part-time, salary, job title, worksite location, etc.

Please find below a non-exhaustive list of nonimmigrant dependent classifications that are eligible to apply for an EAD:

1. H-4 - Spouse of Certain H-1B Nonimmigrants (H-1B Visa Holder Needs Approved I-140)
2. J-2 - Spouse or Minor Child of a J-1 Exchange Visitor
3. E-1/E-2 - Spouse of an E-1/E-2 Treaty Trader
4. E-3D - Spouse of an E-3 Specialty Occupation Professional from Australia
5. L-2 - Spouse of an L-1 Intracompany Transferee 

EAD card holders are responsible for renewing their EAD on a timely basis.  The renewal process can sometimes take several months, so individuals are encouraged to apply early.  The nonimmigrant categories (listed above) are not currently entitled to an automatic extension based on a timely filing.  This means that EAD cardholders may need to stop working if there is a gap between the expiration of the current EAD card and the receipt of the new EAD card.

B-1 Temporary Business Visitors are authorized to temporarily enter the U.S. to participate in non-employment business activities, including but not limited to:

• Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
• Undertaking independent research
• Consulting with business associates
• Settling an estate
• Negotiating a contract

The B-1 Visitor Visa is NOT a work visa.  It does not authorize visitors to engage in gainful employment.  A B-1 visa holder cannot accept any type of salary or payment for services.  In limited cases, a B-1 visitor may be able to receive an expense allowance, reimbursement for incidental expenses, or honorarium payment (which are subject to strict requirements). 

Many individuals are issued a B-1/B-2 visa, which allows them to travel to the U.S. for a business visit (B-1), tourism (B-2), or combination of both.  

The Department of State has published a guide that offers further clarification on types of permissible activities for B-1 visitors. 

B-1 Temporary Business Visitors can be admitted to the U.S. for a period of up to six (6) months.  Please note that U.S. Customs & Border Protection (CBP) has the discretion to limit the period of authorized stay to less than six (6) months.  We strongly recommend caution if planning a stay longer than a couple of weeks.  Longer periods of stay can trigger higher scrutiny and call into question the purpose of the visit.    

Please consult with Rutgers Global–International Student and Scholar Services on the restrictions associated with the B-1 visa.  Additional information regarding visa interviews and required documents can also be found on the Department of State’s website.

If the purpose of the planned travel is recreational in nature, including tourism, visiting friends or relatives, rest, or is related to medical treatment, activities of a fraternal, social, or service nature, or participation by amateurs who will receive no remuneration in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for the travel. Persons planning to travel to the United States for a different purpose (including temporary workers) must apply for a different category of visa.

Dependent family members may wish to join a J-1/H-1B/O-1 visa holder in the U.S.  In these cases, they should consider applying for a dependent J-2/H-4/O-3 visa (instead of entering the U.S. as a B-2 visitor).   

Many individuals are issued a B-1/B-2 visa, which allows them to travel to the U.S. for a business visit (B-1), tourism (B-2), or combination of both. 

The B-2 Visitor Visa is NOT a work visa.  It does not authorize visitors to engage in gainful employment.  A B-2 visa holder cannot accept any type of salary or payment. 

B-2 Visitors can be admitted to the U.S. for a period of up to six (6) months.  Please note that U.S. Customs & Border Protection (CBP) has the discretion to limit the period of authorized stay to less than six (6) months.  We strongly recommend caution if planning a stay longer than a couple of weeks.  Longer periods of stay can trigger higher scrutiny and call into question the purpose of the visit.   

Additional information regarding visa interviews and required documents can also be found on the Department of State’s website.

Travelers coming to the United States for tourism or business (B-1 or B-2 category visa) purposes for 90 days or less from qualified countries may be eligible to travel without a visa if they meet the Visa Waiver Program (VWP) requirements. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel. 

Currently, 38 countries participate in the VWP.  Visit the Department of Homeland Security’s webpage for a full list of participating countries and other requirements.

VWP visitors are authorized to temporarily enter the U.S. to participate in tourism, medical treatment, and/or non-employment business activities, including but not limited to:

• Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
• Undertaking independent research
• Consulting with business associates
• Settling an estate
• Negotiating a contract
• Tourism
• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating

VWP visitors are NOT permitted to work.  A VWP visitor cannot accept any type of salary or payment for services.  In limited cases, a VWP visitor may be able to receive an expense allowance, reimbursement for incidental expenses, or honorarium payment (which are subject to strict requirements). 

The Department of State has published a guide that offers further clarification on types of permissible activities for business visitors. 

Please consult with Rutgers Global–International Student and Scholar Services on the restrictions associated with the Visa Waiver Program.  Additional information can also be found on the Department of State’s website.