This page contains an overview of the visa classifications sponsored by OGS Scholar Services. Typically, scholars are first sponsored on the J-1, followed by the H-1B. However, in certain situations a scholar may start with an H-1B, or another visa classification such as E-3, TN, or O-1 may be more appropriate. It’s important to keep in mind that the proper visa classification will depend on a variety of factors, including funding source, duration of the visit, and the official NYU title/affiliation of the scholar. Please review the timelines associated with each visa classification.

General Overview of Visa Classifications

  • J-1: The J-1 can be used for individuals participating in academic (research/teaching) exchanges at NYU. The J-1 is often used for scholars with official appointments such as visiting faculty, postdoctoral fellows and visiting scholars, as well as other temporary academic appointments.
  • H-1B: The H-1B can be used for employees at NYU, who hold a US bachelor's degree or its equivalent, at a minimum, in a field of study directly related to the NYU employment.
  • E-3: The E-3 is only for citizens of Australia. The E-3 can be used for employees at NYU, and who hold a US bachelor's degree or its equivalent, at a minimum, in a field of study directly related to the NYU employment.
  • TN: The TN is only for citizens of Canada and Mexico. The TN can be used for employees that meet specific minimum education requirements in related fields of study. Only certain job categories are eligible.
  • O-1: The O-1 can be used for individuals who are recognized as having sustained national or international acclaim for extraordinary ability. Due to the heightened eligibility requirements of the O-1, O-1 petitions require a great deal of evidence.
  • Permanent Residency: NYU files permanent resident (also known as “Green Card”) petitions for individuals holding full-time permanent academic appointments only.

J-1 or H-1B?

The J-1 and the H-1B are the most common types of visa sponsorship through OGS Scholar Services. Below is a general comparison between the J-1 and the H-1B. There can be a variety of factors that could impact visa sponsorship choices. If you have any questions, please contact OGS.

 

J-1 Exchange Visitor

H-1B

Intent to remain in the US permanently

If a scholar has demonstrated immigrant intent (the intent to remain in the US permanently), the J-1 is inappropriate. Therefore, tenure/tenure-track (permanent) positions are not eligible for the J-1.

The H-1B allows for dual intent, which means that the scholar may obtain or continue in H-1B status even though steps may have been taken towards obtaining US permanent residence. 

Maximum Possible Duration of Stay

Varies depending on the specific J-1 category:

- Research Scholar or Professor: 5 years

- Short-Term Scholar: 6 months

- Specialist: 12 months

- Student Intern: 12 months


Note: there are also J-1 student visa categories, for individuals enrolled in programs with the University. These J-1 subcategories are not administered by OGS Scholar Services. Direct student visa questions to ogs@nyu.edu.

Initial period of stay: up to 3 years


Extensions: up to 3-year increments 


Generally, the maximum stay permitted is 6 years (certain exceptions apply).

Possible Academic Affiliations

Any temporary academic (research/teaching) appointment. 


Common NYU affiliations include: Visiting Scholar, Research Affiliate, Postdoctoral Associate or Fellow, Visiting Professor, Researcher

Faculty or research employees in academic positions. 


Common NYU affiliations include: Postdoctoral Associate or Fellow, Research Scientist, Assistant or Associate Professor, Language Lecturer


Non-academic appointments must be approved through a formal exception process by the Vice President of Human Resources. Requests must be coordinated through OGS.

Minimum Educational Requirements

Typically a Master’s degree or the equivalent for J-1 scholars. 


J-1 Student Interns must be enrolled in a degree-granting program outside of the US for the duration of their internship and meet other specific requirements.

A US bachelor's degree or its foreign equivalent, in a field of study related to the offered employment.

Funding Requirements

J-1 scholars must evidence sufficient means to support their stay in the US and can be funded by almost any source, including:


- NYU (can be formally employed, or a fellowship/stipend)

- Personal funds 

- Employment or fellowship from employer in home country 

- Fellowship or scholarship from the scholar’s home government


However, relying on funding from a US source other than NYU (such as another University) is typically not permissible.

H-1B scholars must be employees and paid by NYU; external sources of funding, such as fellowships, may not meet this requirement. 


The salary must meet or exceed the required prevailing wage, determined by Department of Labor.

Home Residency Requirement

Certain J-1 scholars are subject to the 212(e) home residency requirement, which impacts their ability to apply for H, L, K, or Permanent Resident status in the US. It also impacts their ability to apply for an in-country change of status.

If subjected to the 212(e) home residency requirement from a prior J-1 program, scholars need to obtain a waiver or fulfill the 212(e) home residency requirement  before OGS can file an H-1B petition on their behalf.

Bars on Repeat Participation

If a scholar previously participated in a J-1 program, their eligibility for J-1 sponsorship could be impacted by the 12- or 24-month bar on repeat participation.

H-1B scholars are not subjected to bars on repeat participation. 


Bars on repeat participation from prior J-1 programs also do not affect H-1B eligibility.

Dependents

J-2 dependent status is possible for legally married spouses or unmarried children under the age of 21.


J-2 dependents can apply for work authorization directly through USCIS after entering the US in J-2 status.

H-4 dependent status is possible for legally married spouses or unmarried children under the age of 21. Certain fees may apply for H-4 petitions.


Only certain H-4 spouses are eligible to apply for work authorization. Learn more about the employment authorization for certain H-4 dependent spouses.

Considerations for applicants currently in the US

If a scholar is already in J-1 status with another sponsor, a transfer to NYU may be possible. Transfers must be within the same category and must occur before the scholar’s current DS-2019 expires. 


Individuals in another US immigration status may wish to remain in the US and apply via an in-country change of status to J-1, but this process is lengthy, complex, and risky -- contact OGS for further information.


J-1 status is typically obtained by using the DS-2019 to apply for the J-1 visa at a US Embassy/Consulate in the applicant’s home country, then traveling into the US with the J-1 visa.

If a scholar is already in H-1B status with  another employer, a change of employer petition may be filed. Certain timeframes apply.


If the scholar is within the US in another immigration status, a change of status petition may be filed. 


If the scholar is outside the US, a petition via consular notification may be filed and the scholar will need to apply for an H-1B visa at a US Embassy/Consulate abroad before entering the US in H-1B status.

Fees

SEVIS fee is required for all J-1 applicants. The current SEVIS fee for J-1 scholars and student interns is $220 (subject to change).


Individuals applying for a J-1 or J-2 visa at a US Embassy/Consulate will also need to pay any fees charged by the Embassy/Consulate for visa processing.

H-1B petitions are subject to certain fees (subject to change): 

  • Form I-129 Fee - $460

  • Anti-Fraud Fee - $500 (only for initial H-1B petitions)

  • Premium Processing Fee - $2500 (optional, but may be strongly recommended in certain instances)


Individuals applying for an H-1B or H-4 visa at a US Embassy/Consulate will also need to pay any fees charged by the Embassy/Consulate for visa processing.

Employment outside of NYU

Some J-1 scholars may be permitted to engage in short-term, occasional lectures or consultations with US entities other than NYU. Scholars must receive advance approval from NYU; full details on the lectures and consultations page.


No other concurrent employment with US entities is permitted for scholars while under NYU’s J-1 sponsorship. 

An NYU filed H-1B does not grant the ability to work for another US entity. However, a scholar may hold concurrent H-1Bs, and in that instance each employer must file an H-1B petition. 


Reimbursement for business expenses is acceptable, but scholars must consult OGS before engaging in the business activity.