Yale University
Office of International Students & Scholars
For Departments
Office of International
Students & Scholars
Phone: 203.432.2305
Fax: 203.432.7166
email: oiss@yale.edu
Choosing a Visa
OISS staff will work with departments to determine which immigration status works best given a particular appointment and individual coming to Yale. Departments are encouraged to consult with OISS prior to making a commitment to hire an individual who is not a U.S. citizen or permanent resident. OISS is available to talk with the candidate (either in person, if the candidate is on campus, or by phone or email) to make sure the immigration status selected best suits the scholar’s immediate needs and future plans.
Choosing the Right Status
Below is a sampling of Yale appointment titles and suggestions on the best visa status for that title. This is meant to be a general guide. If you have questions please consult with an OISS advisor.
Select the appointment type:
Scholars Already in the U.S.
If the scholar is already in the U.S. OISS will need to know the individual’s current immigration status before any action can be taken. This will have bearing when and if the individual can join Yale. In general an immigration status is employer specific and Yale will have to file a new application for new employees before employment can commence.
F-1 Optional Practical Training (OPT) or J-1 Student Academic Training
An individual who has completed study at a U.S. institution on a student F-1 or J-1 visa may be eligible for a year or more of post-graduation employment. These types of work permissions are not employer specific, and the student may work for multiple employers. The students must show evidence of their work permission, and register with OISS before commencing employment at Yale. In most cases OISS will need to sponsor another visa for when the student work permission ends. Therefore departments should request the new the immigration status now so that there is sufficient processing time.
C&T / Casual Positions
Individuals in C&T or casual positions are not eligible for either H-1B or J-1 status. If hiring an individual on F-1 OPT to a C&T or casual position, the employment cannot exceed the time available under F-1 OPT.
M&P Positions
For M&P positions 23 and 24 there is a review process to determine if the University will sponsor the position for an H-1B visa or not. For details please contact your HR Generalist or Recruiter. Yale does not sponsor M&P positions below grade 23 for H-1B status.
Although the University sponsors H-1B visas for grades 25 and higher without needing a review process, the Department of Labor has occasionally prevented our ability to obtain H-1B status. Please submit a Prevailing Wage Request Form to OISS to determine if we will be able to sponsor the H-1B visa.
The J-1 visa category cannot be used for an M&P position.
Post Doctoral Associate
|
J-1 Research Scholar |
Other Options
H-1B Temporary Worker
H-1B status is possible only if the scholar will be a paid employee of Yale. Obtaining the H-1B can be a long and complex process starting with the Department of Labor "prevailing wage." The H-1B status can be held up to six years, regardless of the number of employers and it is somewhat inflexible when there are changes in employment or changes of employers. The spouse of an H-1B cannot work in the US. The H-1B is best used in a situation where the employment relationship is long term (i.e. longer than three to five years.)
TN NAFTA Free Trade Agreement
For Canadian and Mexican citizens who will be paid employees. For Canadian citizens it can sometimes be an easier option – but in most cases there are no advantages for selecting this visa over a J-1. TN status is authorized in one year increments and must be extended annually. Spouses of TN visa holders (TD) cannot work in the U.S. Please speak to an OISS advisor if you or the new employee has an interest in this status.
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
E-3 Trade Agreement Australia
Like the H-1B in many respects, this temporary worker visa is for Australian citizens coming temporarily to the United States to work in a specialty occupation. There are rarely any advantages for selecting this visa over a J-1 or H-1B. Please speak to an OISS advisor if you or the new employee has an interest in these visa types.
Post Doctoral Fellow
|
J-1 Research Scholar |
Other Options
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
Post Graduate Associate
|
J-1 Research Scholar/ Professor |
Other Options
TN NAFTA Free Trade Agreement
For Canadian and Mexican citizens who will be paid employees. For Canadian citizens it can sometimes be an easier option – but in most cases there are no advantages for selecting this visa over a J-1. TN status is authorized in one year increments and must be extended annually. Spouses of TN visa holders (TD) cannot work in the U.S. Please speak to an OISS advisor if you or the new employee has an interest in this status.
Post Graduate Fellow
|
J-1 Research Scholar/ Professor |
Associate Research Scientist
|
J-1 Research Scholar/ Professor |
Other Options
H-1B Temporary Worker
H-1B status is possible only if the scholar will be a paid employee of Yale. Obtaining the H-1B can be a long and complex process starting with the Department of Labor "prevailing wage." The H-1B status can be held up to six years, regardless of the number of employers and it is somewhat inflexible when there are changes in employment or changes of employers. The spouse of an H-1B cannot work in the US. The H-1B is best used in a situation where the employment relationship is long term (i.e. longer than three to five years.)
TN NAFTA Free Trade Agreement
For Canadian and Mexican citizens who will be paid employees. For Canadian citizens it can sometimes be an easier option – but in most cases there are no advantages for selecting this visa over a J-1. TN status is authorized in one year increments and must be extended annually. Spouses of TN visa holders (TD) cannot work in the U.S. Please speak to an OISS advisor if you or the new employee has an interest in this status.
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
E-3 Trade Agreement Australia
Like the H-1B in many respects, this temporary worker visa is for Australian citizens coming temporarily to the United States to work in a specialty occupation. There are rarely any advantages for selecting this visa over a J-1 or H-1B. Please speak to an OISS advisor if you or the new employee has an interest in these visa types.
Visiting Fellow
|
J-1 Research Scholar/ Professor |
Assistant Professor
|
H-1B Temporary Worker |
Other Options
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
Associate Professor
|
H-1B Temporary Worker |
Other Options
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
Professor
|
H-1B Temporary Worker |
Other Options
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
Instructor
|
J-1 Research Scholar/ Professor |
Other Options
H-1B Temporary Worker
H-1B status is possible only if the scholar will be a paid employee of Yale. Obtaining the H-1B can be a long and complex process starting with the Department of Labor "prevailing wage." The H-1B status can be held up to six years, regardless of the number of employers and it is somewhat inflexible when there are changes in employment or changes of employers. The spouse of an H-1B cannot work in the US. The H-1B is best used in a situation where the employment relationship is long term (i.e. longer than three to five years).
TN NAFTA Free Trade Agreement
For Canadian and Mexican citizens who will be paid employees. For Canadian citizens it can sometimes be an easier option – but in most cases there are no advantages for selecting this visa over a J-1. TN status is authorized in one year increments and must be extended annually. Spouses of TN visa holders (TD) cannot work in the U.S. Please speak to an OISS advisor if you or the new employee has an interest in this status.
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
E-3 Trade Agreement Australia
Like the H-1B in many respects, this temporary worker visa is for Australian citizens coming temporarily to the United States to work in a specialty occupation. There are rarely any advantages for selecting this visa over a J-1 or H-1B. Please speak to an OISS advisor if you or the new employee has an interest in these visa types.
Visiting appointments for teaching faculty
|
J-1 Research Scholar/ Professor |
Other Options
H-1B Temporary Worker
H-1B status is possible only if the scholar will be a paid employee of Yale. Obtaining the H-1B can be a long and complex process starting with the Department of Labor "prevailing wage." The H-1B status can be held up to six years, regardless of the number of employers and it is somewhat inflexible when there are changes in employment or changes of employers. The spouse of an H-1B cannot work in the US. The H-1B is best used in a situation where the employment relationship is long term (i.e. longer than three to five years).
TN NAFTA Free Trade Agreement
For Canadian and Mexican citizens who will be paid employees. For Canadian citizens it can sometimes be an easier option – but in most cases there are no advantages for selecting this visa over a J-1. TN status is authorized in one year increments and must be extended annually. Spouses of TN visa holders (TD) cannot work in the U.S. Please speak to an OISS advisor if you or the new employee has an interest in this status.
O-1 Extraordinary Ability
The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. The application, which can take several weeks or months to assemble, is adjudicated by USCIS, a process that can also take months. In most cases there is no advantage of selecting the O-1 over the H-1B or J-1 visa. Please speak to an OISS advisor if you or the new employee has an interest in this visa type.
E-3 Trade Agreement Australia
Like the H-1B in many respects, this temporary worker visa is for Australian citizens coming temporarily to the United States to work in a specialty occupation. There are rarely any advantages for selecting this visa over a J-1 or H-1B. Please speak to an OISS advisor if you or the new employee has an interest in these visa types.
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