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.