Visas and Permanent Resident Status
If you intend to apply for a visa or a permanent resident status, please reach out to Wilson College OHR (textiles-hr@ncsu.edu) as soon as possible. Wilson College OHR initiates the process on the behalf of all departments at the Wilson College of Textiles and will work with International Employment in filing your application to USCIS.
H-1B
H-1B status is the nonimmigrant employment classification most commonly used for the temporary employment of professionals and professors. H-1B status is designed for a foreign national who is or will be employed in a “specialty occupation,” which requires:
- The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation
- The completion of a baccalaureate degree or higher in that specific occupational specialty.
H-1B status is valid for a total of six years (with some limited exceptions) and can be moved from one employer to another. However, the new employer must file a new petition.
Note: Some SHRA positions do not qualify for H-1B status, regardless of the education or experience credentials of the candidate. Please contact International Employment (IE) Manager at 919-515-4518 or jill_blitstein@ncsu.edu before you begin to prepare any paperwork.
Information regarding H-1B Status retrieved from International Employment’s.
Permanent Resident Status
Permanent Resident status is of indefinite duration and, once obtained, is not tied to the employer. Normally an individual will have nonimmigrant status prior to and during the filing of a Permanent Resident petition or application.
J-1 (Exchange Visitor Scholars) – through OIS
Exchange Visitor Scholars are non-degree seeking foreign individuals who engage in temporary research, observation, consultation, and teaching during their stay. These individuals take part in the J-1 Exchange Visitor Program, a Federal program administered by the U.S. Department of State which implements the Mutual Educational and Cultural Exchange Act of 1961. The Exchange Visitor Program provides eligible foreign nationals with opportunities to participate in exchange programs in the United States and then return home to share their experiences.
There are four types of scholars: Research Scholar, Professor, Short-Term Scholar, and Student Intern.
To initiate the process, please complete the Exchange Visitor Scholar Request form.
More information regarding the Exchange Visitor Scholar appointment can be found on NC State’s OIS website.
F-1 – through OIS
F-1 visa allows a student to temporarily live in the United States for a defined period of time while studying at a college/university. OIS will work directly with the student in processing this type of visa, therefore, please do not contact Wilson College OHR.
B-1
B-1 visas are issued to individuals granted entry into the U.S. for a limited timeframe to conduct business or research for their own benefit. Individuals entering on B visas or in Visa Waiver status can receive some reimbursements or honoraria from U.S. sources, but these situations are extremely limited.
Note: B-1 or Visa Wavier visitors are not entering the U.S. in employment statuses, and visitors in B-1 or Visa Waiver status may not perform professional services for compensation from a U.S. source.
E-3
The E-3 is the nonimmigrant employment classification used for the temporary employment of professionals who are Australian citizens. E-3 status is designed only for Australian citizens who are or will be employed in a “specialty occupation,” which requires:
- The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation, and
- The completion of a baccalaureate degree or higher in that specific occupational specialty.
E-3 status is valid for a two year period (which can be renewed indefinitely) and can be moved from one employer to another, but only after the new employer files its own petition with USCIS or works with the new employee in Australia to obtain a new E-3 visa linked to its sponsorship. There is an annual limit of 10,500 E-3 professionals every government fiscal year (which does not include spouses or children). Although E-3 status can be renewed indefinitely, please note that the E-3 employee must always be able to demonstrate to the U.S. government’s satisfaction that he/she does NOT intend to remain in the U.S. permanently and has a ‘permanent’ home in another country.
Note: Some SHRA positions do not qualify for E-3 status, regardless of the education or experience credentials of the candidate. Please contact International Employment (IE) Manager at 919-515-4518 or jill_blitstein@ncsu.edu before you begin to prepare any paperwork.
Information regarding E-3 Status retrieved from International Employment’s website.
O-1
O-1 statuses designed for those foreign nationals who have and can prove “extraordinary ability in science, education, business or athletics.”
O-1 status can be requested for the duration of a project, but it cannot be requested for more than an initial 3 year period. Please note that all extensions are granted in increments of only 1 year.
The beneficiary must prove evidence of extraordinary ability or sustained international or national acclaim. This can be done by showing receipt of major internationally recognized award, such as Nobel Prize, or by documenting at least 3 out of 8 criteria. Please note that only meeting 3 out of 8 criteria is no longer a guarantee that the case will be approved. O-1 extensions must include additional evidence proving the extraordinary ability of the foreign national.
Note: Many O-1 employees are also eligible for H-1B status, so often NC State University will prepare an H-1B petition instead of an O-1 petition.
TN
TN status is available for Canadian or Mexican citizens who are coming to the U.S. to work in a professional level. The regulations specify various categories under Chapter 16, Appendix 2 of the United States-Mexico-Canada Agreement (USMCA). Such positions normally require a bachelor’s degree. The applicant must have an employment offer, and the status can be valid for up to three-year increments.
Note: Some SHRA positions do not qualify for TN status, regardless of the education or experience credentials of the candidate. Please contact International Employment (IE) Manager at 919-515-4518 or jill_blitstein@ncsu.edu before you begin to prepare any paperwork.