The following immigration statuses are also sponsored by the University of Pittsburgh, but are rarely used. If you would like additional information on any of these statuses, or think one might be the best option for your situation, please contact OIS.
The E-3 category was developed as part of the Australia-United States Free Trade Agreement (AUFTA), to facilitate the entry of Australian citizens engage in temporary employment in a specialized occupation.
HOW TO APPLY
Since the E-3 is an employer sponsored visa classification, the bulk of the materials required must be submitted to OIS by the sponsoring department. A complete listing of required items is provided in My OIS, and is largely similar to the items required for an H-1B. See the U.S. embassy in Canberra's website for more information about the E-3 classification.
The E-3 Category is only available to Australian Citizens, to enter the US to work in a position that is considered a "specialty occupation." Most faculty and staff positions at the University of Pittsburgh that require a bachelor's degree or higher would meet this criteria.
OIS has a standard processing time of 6 weeks for E-3s and recommends that interested departments forward all of the necessary documents to OIS 4 to 6 months in advance of the anticipated start date. OIS must insure compliance with Department of Labor regulations in addition to Deemed Export Control regulations.
DURATION OF E-3 STATUS
- E-3 status may initially be granted for a maximum period of up to two years. Extensions of stay may be granted indefinitely in increments of up to two years. There is no limit on the total length of stay for an E-3.
- E-3 status is employer-specific and position-specific. An individual may only work for the employer who sponsors his/her status and only in the position set forth in the petition.
The spouse and dependent children of an E-3 worker may also derive E-3 status regardless of the spouse’s or children’s nationality and may study without restrictions. Unlike H-4 spouses, E-3 spouses may apply to USCIS for work authorization upon arrival in the US.
The O-1 non-immigrant category, also called the Alien of Extraordinary ability, is for the employment of individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics or individuals who have demonstrated a record of extraordinary achievement in the motion picture and television industries. The category permits an employer to petition the United States Citizenship and Immigration Service (USCIS) for an individual to come to the United States on a temporary basis to continue to work within his or her area of extraordinary ability or achievement.
- Each O-1 petition may be granted for an initial period of up to 3 years. Extensions of stay are granted in 1-year increments. There is no cumulative time limit on O-1 status.
- The spouse and dependent children of an O-1 worker are eligible for O-3 status. O-3 dependents may study without restriction, however they are not eligible for employment authorization.
The category is further divided into the following sub-categories:
- O-1A: Alien of Extraordinary Ability in the Sciences, Education, Business or Athletics
- O-1B: Alien of Extraordinary Ability in the Arts or Extraordinary achievement in the motion picture or television industry.
Most positions at the University of Pittsburgh fall into the O-1A subcategory.
Qualifying criteria for O-1A: Alien of Extraordinary Ability in the sciences, education, business or athletics must include evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three 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
HOW TO APPLY
Since the O-1 is an extremely high standard to meet, OIS will only pursue an O-1 if all other options are exhausted. Normally, this occurs when one of our employees runs out of H-1b time, or has previously been in J-1 status and is subject to the 2-year home country physical presence requirement, making them ineligible for an H-1b working visa.
- Initial O-1 petitions: Please discuss with an Immigration Specialist
- O-1 Extensions: Can be submitted through My OIS.
The TN (Trade NAFTA) category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis. The TN category allows for admission of individuals for the purposes of:
- Working for a U.S. employer as a professional; or
- Working for a foreign employer (including even a non-Canadian or non-Mexican employer) to provide pre-arranged professional services to a US employer.
Only occupations specified in Appendix 1603.D.1 of the NAFTA treaty can serve as the basis for TN employment. Appendix 1603.D.1 also stipulates the minimum qualifications for entry into the US in each occupation. See the US Department of State Web site for more information.
Canadian and Mexican citizens can be admitted to the US in TN status in increments of up to 3 years. Extensions of stay are also granted in up to 3-year increments. There is no cumulative time limit on TN status. TN status may be renewed indefinitely, provided that the stay remains temporary in nature.
HOW TO APPLY
Canadians may be admitted in TN status at the border by presenting a TN Invitation Letter, their credentials and paying the appropriate fee. Mexican citizens must take the appropriate documents to the US consulate/embassy in Mexico and apply for a visa stamp before being admitted in TN status.
Dependents of TN visa holders are eligible for TD visa status, and may study without restrictions. However, TD dependents may not work in the US.