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
Departments do not need to choose a visa status for the new incoming scholar, an OISS adviser will do this. However if you are curious about what to expect, 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 adviser. Appointment types are listed below.
In the process of setting up a new appointment for a scholar, if you learn that the scholar is already in the U.S. please note that we still need to have an OISS Connect record created. OISS staff will review the record to determine if the scholar needs a new visa or not, and communicate back to the department. Most of the time new visa sponsorship is necessary. Although scholars may think that they can simply transfer their visa status, in most cases OISS needs to produce a new visa document. As with everything J visa sponsorship (in this case a J transfer) is rather quick, where as H-1B sponsorship takes many months.
When an international student graduates from a U.S. school they often start their appointment with a new employer with their own work permission; either F-1 OPT or J-1 Academic Training. However in both cases OISS needs a record set-up first so that we can evaluate their eligibility to use their student work permission to work at Yale.
Individuals in C&T or casual positions are not eligible for either H-1B or J-1 status. If hiring an individual with a USCIS-authorized Employment Authorization Document (EAD/I-766), such as F-1 OPT EAD, J-2 EAD, to a C&T or casual position, the employment cannot exceed the validity shown on their EAD.
Yale visa sponsorship applies only to academic positions regardless of visa type. There is a review process to determine whether or not the University will sponsor an H-1B visa for a senior-level ranked staff position. For details, please contact your HR Generalist or Recruiter.
If the concern is for a new hire, no visa sponsorship commitment should be made until OISS confirms that Yale can sponsor a visa.
Note:
- The J-1 visa category cannot be used for an M&P position.
- In addition to the Yale sponsorship policy, M&P positions may not meet legal H-1B visa eligibility criteria, regardless of the M&P rank/grade.
- Yale does not sponsor M&P positions below grade 25 for H-1B status.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
Other Options
H-1B status is possible only if the scholar will be a paid employee of Yale and the scholar is not legally eligible for J-1 based on their immigration history. 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.)
For Canadian and Mexican citizens who will be paid employees. The job must be within one of the TN occupations. The TN visa is Yale sponsored visa, and the department must consult with OISS first to request this visa category.
TN status can be requested for up to three years at one time or for an appointment period, whichever is shorter. Spouses of TN visa holders (TD visa) cannot work in the U.S. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
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. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
Other Options
For Canadian and Mexican citizens who will be paid employees. The job must be within one of the TN occupations. The TN visa is Yale sponsored visa, and the department must consult with OISS first to request this visa category.
TN status can be requested for up to three years at one time or for an appointment period, whichever is shorter. Spouses of TN visa holders (TD visa) cannot work in the U.S. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
Other Options
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.)
For Canadian and Mexican citizens who will be paid employees. The job must be within one of the TN occupations. The TN visa is Yale sponsored visa, and the department must consult with OISS first to request this visa category.
TN status can be requested for up to three years at one time or for an appointment period, whichever is shorter. Spouses of TN visa holders (TD visa) cannot work in the U.S. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
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. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
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.)
Other Options
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
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.)
Other Options
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
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.)
Other Options
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
Other Options
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.)
For Canadian and Mexican citizens who will be paid employees. The job must be within one of the TN occupations. The TN visa is Yale sponsored visa, and the department must consult with OISS first to request this visa category.
TN status can be requested for up to three years at one time or for an appointment period, whichever is shorter. Spouses of TN visa holders (TD visa) cannot work in the U.S. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
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. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The J-1 status takes the least amount of time to process and is the fastest and most flexible visa option, designed specifically for and used by the majority of researchers at Yale. It has a maximum validity of five years and allows the spouse (J-2) to apply for work permission as well. If promoted at a later time, a change of status to H-1B may be possible (or if subject to the two-year home-residency, obtain a waiver of the requirement and then change to H-1B.)
Other Options
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.)
For Canadian and Mexican citizens who will be paid employees. The job must be within one of the TN occupations. The TN visa is Yale sponsored visa, and the department must consult with OISS first to request this visa category.
TN status can be requested for up to three years at one time or for an appointment period, whichever is shorter. Spouses of TN visa holders (TD visa) cannot work in the U.S. Please speak to an OISS adviser if you or the new employee has a question about the TN status.
The O-1 visa is a nonimmigrant 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 adviser if you or the new employee has an interest in this visa type.
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. Please speak to an OISS adviser if you or the new employee has a question about the TN status.