International Toolkit

Human Resources Management, 150 McArthur Hall, 662 325-3713

Visa Status Explanations

B-1 (Business) Status / B-2 (Tourist) Status:

Although individuals receive a B-1/B-2 visa usually valid for 10 years, on each visit to the U.S. they will be admitted in either B-1 (Business) status or B-2 (Tourist) status as indicated on the I-94 card they receive at the U.S. border. By default holders of the B visa will be admitted to the U.S. for 30 days. If visitors are able to explain why their visit requires a longer stay, they may be granted admission for up to six months. This is a "self sponsored" visa status so the individual is responsible for obtaining the visa on their own.

Individuals from the following countries do not require a B-1/B-2 visa to be admitted as a business visitor or tourist as described above (Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Uruguay). These individuals are admitted in WB (Visa Waiver Business) status or WT (Visa Waiver Tourist) status as indicated on the I-94 card they receive at the U.S. border.

Full-time study and employment are not permitted for individuals admitted in B-1, B-2, WB or WT status. However, actual expenses for travel and per deim receipted costs may be reimbursed and honorarium can be paid. Be sure to check with the Accounts Payable Office regarding required documentation before the person travels. Individuals in B-1/B-2/WB/WT status cannot serve in a volunteer or observer capacity here at the University.

F-1 (Student) Status:

The F-1 status is issued for a foreign national who is "a bona fide student qualified to pursue a full course of study" at an academic or language institution authorized to admit foreign students. F-1 status for students at Mississippi State University is administered by the International Services Office.

Individuals can work while on F-1 status in either Curricular Practical Training (requires approval of the Designated School Official) or Optional Practical Training (requires individual to obtain an Employment Authorization Card).

J-1 (Exchange Visitor) Status:

The J-1 status is intended for individuals that want to come to the U.S. for a short duration of time at the end of which they will return home. J-1 visa programs are administered by the Department of State. Participants are documented through the issuance of a Certificate of Eligibility (DS-2019).

• Individuals in this category and their dependents are frequently subject to a 2-year home-country residency requirement which they must meet or receive a waiver for before being eligible for change of status to another category.

  Dependents:
  Dependents of a J-1 receive a J-2 visa. J-2s can work but must first apply for and receive an Employment Authorization Card from the US Citizenship and Immigration Service.

H-1B (Specialty Occupation) Status:

The H-1B status is used to employ a foreign national in a "Specialty Occupation" for periods of up to six years. A specialty occupation is defined as "an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States."

Special notes:

• Allows for dual intent (i.e. both non-immigrant and immigrant intent).

• Dependents:
  Dependents of an H-1B receive an H-4 visa and can not work.

O-1 (Extraordinary Ability) Status:

O-1 status is for individuals of "extraordinary ability" in the sciences, arts, education, business and athletics and is intended for those individuals who have risen to the top of their field. To qualify, it must be shown that the employee has demonstrated sustained national or international acclaim and recognition for his/her expertise in the field (such as the Nobel Prize). Initial application can be for up to 3 years and can be extended in 1 year increments with no maximum limit.

Special notes:

• Allows for dual intent (i.e. both non-immigrant and immigrant intent).

• Allows individuals to work and stay in the U.S. even though they have not yet gotten a waiver of the 2-year home residency requirement. Requirement still must be met or waived before another status can be applied for.

  Dependents:
  Dependents of an O-1 receive an O-3 visa and can not work.

TN (Trade NAFTA) Status:

The North American Free Trade Agreement (NAFTA) established a non-immigrant visa classification for Canadian and Mexican citizens to work in the U.S. in professional positions. To qualify a position must be on the "position list" published as part of NAFTA and an individual must meet the standard qualifications for such a position. This list includes several medical health professional, scientist and university teaching positions. This status is approved in one year increments with no maximum limit.

Special notes:

• This category does not allow for dual intent (i.e. an individual should not use this category if they intend to apply for permanent residency/green card).

  Dependents:
  Dependents of a TN receive a TD visa and can not work.

The information contained in this and all other Mississippi State University web pages is general and should not be used to replace legal advice for specific cases. The information above is a compilation of information from sources including but not limited to those listed below:

NAFSA: Association of International Educators
US Citizenship and Immigration Service
Department of State - Exchange Visitor Program