Other Scholar Visas

O-1 Workers of Extraordinary Ability

The O-1 visa permits the employment of foreign nationals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics. Employment under the O classification is limited to the employer who sponsored the O and to the employment specified in I-129 petition. To prove extraordinary ability, significant documentation is required.

The O-1 has an initial period of stay up to 3 years with one year extensions thereafter. Similar to the TN, there is no maximum cumulative duration limit. For more information, please see USCIS.

Obtaining O-1 Status:

To obtain an O-1 visa, UD must petition USCIS to request temporary employment for the individual to work within their area of extraordinary ability or achievement.

If a department would like to sponsor a foreign national on an O-1 visa, it must be filed by the University’s retained immigration counsel. As an employer sponsored petition, it is encouraged that the department would pay all legal and filing fees. However, in the absence of federal regulations governing the O-1 fees, they may be passed onto the foreign national employee if there is mutual agreement prior to commencing the O-1 employment.  For more information, please contact oiss-scholars@udel.edu. 

Please note that only CGPS is authorized to sign any immigration-related applications representing the University. 

E-3 Australian Specialty Occupation Workers

The E-3 visa permits citizens of the Commonwealth of Australia to enter the U.S to perform services in a “specialty occupation.” A specialty occupation is an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation. Foreign nationals on an E-3 visa may be admitted initially for a period up to two years, and 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. For more information, please see USCIS. 

Obtaining E-3 Status

Host Department seeking to sponsor E-3 workers, will need to work with ISSS to file a Labor Condition Application (LCA) to the Department of Labor (DOL). The same general rules for LCA processing that apply to H-1B nonimmigrants will also be used for E-3 LCAs. 

If the foreign national is acquiring E-3 status from abroad, a USCIS I-129 petition is not required. Instead, the Australian employee presents the necessary evidence for classification, including the LCA, directly to the US consular officer at the time of visa application.

If the foreign national is requesting E-3 status while in the US, an I-129 petition to USCIS to request a change to E-3 visa status or extension of stay would be required. Please note that DOL regulations state E-3 fees must be paid by the hiring department with the exception of premium processing fees which may be paid by the Foreign National when elected for personal reasons.

TN Visa - Canadian and Mexican Citizens

The USMCA Professional (TN) visa permits citizens of Canada and Mexico to work temporarily in the US in certain occupations.  Only occupations specified in Appendix 2 to Annex 16-A of Chapter 16 of the USMCA can serve as the basis for TN employment. The appendix also lists the minimum qualifications for entry into the U.S. in each occupation. 

The TN visa permits Canadian and Mexican citizens to be admitted to the US 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 for TN status. It can be renewed each year indefinitely, provided that the stay remains temporary in nature. For more information, please see USCIS. 

Obtaining TN Status

All foreign nationals seeking TN status with UD will first need a letter of employment confirming it is in one of the allowable professional occupations mentioned above.  Please contact CGPS Scholar Services so that we may advise on the process. 

Once the TN letter of support/offer letter has been issued. The process differs slightly depending on nationality: 

• Mexican Citizens: must obtain a TN visa from a U.S. consulate before being eligible to apply for admission to the US at the port-of-entry in TN status.

• Canadian Citizens: do not require a TN visa stamp in their passport. Canadian citizens may present the required supporting documentation at a U.S. port-of-entry, and be admitted directly in TN status.

If the foreign national is acquiring TN status from abroad, a USCIS I-129 petition is not required.  Instead, the employee presents the necessary evidence for classification, including their TN visa, if a Mexican national, directly to CBP upon entry to the U.S. to obtain status. 

If the foreign national is requesting TN status while in the US, a I-129 petition to USCIS to request a change of status to a TN visa or extension of visa status is required. As an employer sponsored petition, it is encouraged that the department would pay all legal fees. However, in the absence of federal regulations governing TN fees, they may be passed onto the foreign national employee if there is mutual agreement prior to filing of the I-129.

B-1/B-2 Visitor and Visa Waiver Program (VWP/ESTA)

The "visitor" visa is for persons desiring to enter the US temporarily for business (B-1), for pleasure or medical treatment (B-2), or combination of both (B-1/B-2).

International visitors coming to UD for a short period of time (usually a few days) to perform limited services, may be able to apply for B-1/B-2 visa or if eligible, enter under the Visa Waiver Program (VWP). 

VWP enables most citizens or nationals of participating countries to travel to the US for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements.

The B-1/B-2 visitor visa is most often used for individuals who come to campus to give a lecture, participate in a seminar or conference and should not be used for collaborative research. Please contact CGPS so that we may discuss the terms of the visit in order to ensure that the visitor visa is the appropriate category for their stay in the U.S.  For more information, please see Temporary Business Visas.