Immigration for Faculty and Researchers

There are several visas under which people may receive payment for services at a university.  See a chart showing the visa types and what they are allowed to with regard to employment.

The most common ways to bring faculty and researchers to a university are on J-1 or H-1 visas.

Sponsoring programs must have a Responsible Officer and may also have Alternate Responsible Officers, who can issue the DS 2019 Form, the Certificate of Eligibility for J-1 status.  Like F-1 students, J-1 exchange visitors must be registered in the Student and Exchange Visitor Information System (SEVIS) of the Department of Homeland Security.

Exchange visitors may come under the financial sponsorship of UTSA, or they may come on their own funding --  from their personal savings, from their current employer, from their government, or from some other source.  All are required by the Department of State to have insurance coverage while they are in the U.S.  Insurance coverage must include:

1. medical benefits of at least U.S. $50,000 per person per accident or illness

2. repatriation of remains in the amount of U.S. $7,500;

3. expenses associated with medical evacuation in the amount of U.S. $10,000.

A willful failure to carry insurance is considered to be a violation of the Exchange Visitor Program.

Many people who come to the U.S. on J-1 visas are subject to the Two-Year Home Country Residency requirement.  For most, this is because they have received government financing for their program (from either the home country or the U.S.), or they are on the Exchange Visitors Skills List.  For more information on this requirement or how it can be waived, see an international student and scholar advisor in International Programs.

Request Form for DS 2019

  J-2 Application for Employment

J-2 Letter

J-2 Employment Authorization

New I-765 Form

 

H-1B Specialty Occupation
 

The H-1B is a work authorization visa. It allows a nonimmigrant to work as a professional in a “specialty occupation” for a specific US employer for a specific period of time in a specific location.

The first step in the H-1B process is the employer’s decision to sponsor a foreign national for H-1B. Does the employer’s position qualify as a specialty occupation? Does the foreign national have the necessary credentials to qualify for an H-1B status?

A specialty occupation is one that requires a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the field of specialization. Some professions may require advanced degrees or licenses or certificates beyond the bachelor’s, e.g. teachers, accountants, lawyers, postdoctoral fellows.

General Information on H-1s and Other Employment Visas

H-1 Guide (procedures for obtaining H-1 status)
Statutory Requirements (explanation of federal requirements)
Determining Visa Type (other possible visa types)
 

Forms to be Completed by Departments

H-1 Worksheet (print version)
H-1 Worksheet (fillable)
Actual Wage Determination
Return Travel Guarantee
Letter of Support
 

Documentation for the Prospective H-1 Employee

Chart for H-1 Petition
H-1B Questionnaire (print version)
H-1B Questionnaire (fillable)
True Copy Statement

Permanent Residency

International Programs is now processing applications for faculty members who wish to obtain a "Green Card," if they qualify under the category of "Outstanding Professor or Researcher" or "Special Handling."  Special Handling is available to teaching staff within 18 months of the day they were officially offered the job.

A UTSA policy statement on Hiring Foreign Nationals" is found in Chapter Four of the Handbook of Operating Procedures, at http://www.utsa.edu/hop/chapter4/4-24.cfm.

Departmental Documentation

Information about the new PERM process
Alien Labor Certification Attestation
Posting Notice for Alien Labor Certifications (must be posted for 10 business days, between 30 and 180 days before filing the ALC)
 

Beneficiary Documentation

Beneficiary Information Worksheet

For information on or assistance with Permanent Residency applications, contact Esther Del Toro  of Office of International Programs.