At the earliest, International Student and Scholar Services may submit an H-1B petition to US Citizenship and Immigration Services 6 months before the intended beginning effective date of the H-1B. The H-1B application process is very long and requires much documentation from both the department and applicant. It is recommended that departments and applicants begin any new H-1B application, extension, or amendment as close to 6 months in advance of the intended start date as possible.

If timing is a critical issue such as with a new professor hired in the summer months who must begin work at the beginning of the fall semester, departments have the option of filing for Premium Processing. Premium Processing guarantees a decision on an H-1B petition within 15 days of the receipt by US Citizenship and Immigration Services of the I-129, H-1B application. Refer to the H-1B packet under the forms section for the current fee structure.

Please refer to the H-1B Application Packet for the H-1B application procedures. The H-1B Application Packet can be found on the ISSS Forms page, under Scholars.

Maintaining Passport

All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.

 

Report Address Changes

International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in H-1B status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of a change of physical address. More information about address changes and address update requirements can be found on the Forms page.

 

Limitation of Stay

H-1Bs are only valid for a maximum of 6 years. H-1B holders who have pending Permanent Residency Applications may be able to extend their H-1B status beyond the 6-year limit, but extensions beyond 6 years are generally granted for one year at a time.

If the H-1B holder has not left the country since the most recent H-1B Approval, they are valid to stay in the country for the time period listed on the H-1B I-797 Approval Notice.

If an H-1B holder has traveled outside of the U.S. since obtaining H-1B status, they should get their I-94 admission number by visiting www.cbp.gov/i94

As long as the H-1B holder extends his/her H-1B status before the end date listed on the I-94 or on the H-1B I-797 Approval, they will be able to remain in the United States.

If you will leave the program earlier than the end date on your H-1B I-797 Approval Notice, you must inform The Office of International Programs

Employment Restrictions

H-1B holders are not allowed to work for any other employer or in any other work location other than those that are authorized on the H-1B I-797 Approval Notice. For more information on work limitations see the Employment Restriction section in the H-1B Application Packet, which can be found on the Forms page, under Scholars).

 

Transferring to Another Employer

An H-1B Holder can transfer to another employer as long as the H-1B holder is currently in valid status and the new employer files an H-1B application in a timely manner (before the intended start date of new employment and before the expiration of the current H-1B Approval).

Before taking new employment, talk to International Student and Scholar Services. International Student and Scholar Services must withdraw or cancel your H-1B when you end your employment with the University of Mississippi. The withdrawal of the H-1B petition may affect your employment eligibility with your new employer.

There are specific travel requirements for anyone on a temporary visa. For information on initial entry into the U.S. in H-1B status, or if you are currently in H-1B status and would like to travel abroad and re-enter, visit the Travel and Transportation section.

For Canadian and Mexican citizens who are currently outside of the U.S., there is a separate application process for entering the United States in TN status. Information about obtaining the TN Visa can be found in our TN Application Packet, on the ISSS Forms page, under Scholars.

• All Canadian and Mexican citizens who plan to apply for the TN outside of the United States should still complete the TN Application Enclosure B Section and submit the form and requested documents to the Office of International Programs. The TN Application Enclosure B Section can be found on the

ISSS Forms

•  page, under Scholars.

 

Departments should also submit the TN Application Enclosure A Section and support letter even if the prospective employee resides currently outside of the United States, but the department does not have to pay the TN filing fee associated with change-of-status.

If the Canadian or Mexican citizen is present in the United States in another non-immigrant classification (i.e. F-1, H-1B, etc.), it is possible to file an application with the US Citizenship and Immigration Services to change status to TN, without traveling outside the United States. An individual must have a valid non-immigrant status in order to be eligible for a change of status, and must wait until the change of status is approved before he or she begins employment in TN status.

If a Mexican citizen changes to TN within the U.S., the next time he or she exits the United States for travel, he or she must get a TN or TD visa prior to returning to the U.S. to resume work in TN status.

Please refer to the TN packet for the complete instructions on TN application procedures.

According to 8 C.F.R. § 274.12 (b) (20), if the TN applicant is currently in TN status with the University of Mississippi, it is possible for the applicant to continue working for the University of Mississippi for up to 240 days after the expiration of the current TN status as long as the TN extension was timely filed. Timely filing means that US Citizenship and Immigration Services must receive the I-129, TN application before the expiration of the current TN. The Office of International Programs will authorize employment to continue as soon as the I-129 receipt notice (the official notice of application receipt from USCIS) arrives before the expiration of the current TN.

An extension for a TN worker currently employed by the University of Mississippi requires the department to pay the filing fee. Otherwise, the application process for a TN extension is exactly the same as it is for a change-of-status TN application. Please refer to the TN packet for the complete instructions on TN application procedures.

If the TN extension is not filed before the expiration of the current TN status, employment must stop until the TN is approved and the approval notice is received by the Office of International Programs.

Maintaining Passport

All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.

Report Address Changes

International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in TN status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of moving to a new physical address. More information about address changes and address update requirements can be found here: Address Reporting

Limitation of Stay

TNs are only valid for only one year at a time. There is no maximum to the total amount of time allowed in TN-status, but the TN should only be working in a temporary position. TN’s cannot work as tenure track professors or in any permanent employment position for the University of Mississippi.

If the TN holder applied for a change of status or an extension of the TN from within the United States and has not left the country since the most recent TN Approval, they are valid to stay in the country for the time period listed on the TN I-797 Approval Notice.

If the TN holder entered the U.S. in TN status, they should have an I-94 card in their passport that notes their TN status and an end date of the status. The I-94 is the white card which should be stapled inside the passport and shows the date of entry into the United States and the port of entry.

As long as the TN holder extends his/her TN status before the end date listed on the I-94 or on the TN I-797 Approval, they will be able to remain in the United States.

Employment Restrictions

The TN is job specific as well as employer and department specific.

Those in TN status cannot work for any employer other than the one which offered the initial employment for which the TN was issued (either the employer listed in the job-offer letter or the employer listed on the I-129 TN Application and on the I-797 TN Approval Notice).

TN holders CANNOT receive honorariums or fees from other U.S. institutions or businesses for lectures or for contractual services. Any University employee in TN status must check with the Office of International Programs prior to accepting any offer to give a lecture or conduct any employment outside of the University of Mississippi.

There are specific travel requirements for anyone on a temporary visa. For information on initial entry into the U.S. in TN status, or f you are currently in the U.S. in TN status and would like to travel abroad and re-enter, visit the Travel and Transportation section.

When applying for an E-3 abroad, the process is highly dependent on the consulate at which you’re applying. You will have to check the individual consulate to find out their wait times for visa appointments.

Prior to your visa appointment, you will have to have a certified Labor Condition Application. This is a document that ISSS will submit to the Department of Labor for review. The Department of Labor will review and certify the document within 7-10 days. Once this has happened, a signed original copy of the LCA, a copy of the job offer, and letters of support from the Department and ISSS will be sent to the E-3 candidate abroad. The other support documents must be provided by the E-3 candidate (see Application Steps)

A new E-3 application packet is currently in development. For now, please use our former H-1B application packet, which can be found on the ISSS Forms page, under Scholars.

When applying for an E-3 from abroad, the E-3 candidate must present the following documents at the time of the visa application:

• Copy of the employer’s LCA certified by DOL
• Documentation showing eligibility for employment in a specialty occupation
• Proof of a legitimate offer of employment in the United States
• Documentation that the position qualifies as specialty occupation employment (under the same standards as an H-1B specialty occupation)
• Proof of Australian citizenship
• Proof that he or she has the necessary academic or other qualifying credentials and any required licensure (e.g. transcripts and diplomas)
• Proof that the stay will be temporary
• Proof of payment of the Machine Readable Visa fee (see DOS Visa Fees for fee details)

With an E-3 visa, an Australian citizen can then apply for admission to the U.S. in E-3 status at a U.S. port of entry. See the U.S. embassy in Canberra’s website http://www.ustraveldocs.com/au/au-niv-typee3.asp for more info

Plan at least six (6) months in advance!

At the earliest, International Student and Scholar Services may submit an E-3petition to US Citizenship and Immigration Services 6 months before the intended beginning effective date of the E-3. The E-3 application process is very long and requires much documentation from both the department and applicant. It is recommended that departments and applicants begin any new E-3 application, extension, or amendment as close to 6 months in advance of the intended start date as possible.

If timing is a critical issue such as with a new professor hired in the summer months who must begin work at the beginning of the fall semester, departments have the option of filing for Premium Processing. Premium Processing guarantees a decision on an E-3 petition within 15 days of the receipt by US Citizenship and Immigration Services of the I-129, E-3 application.

A new E-3 application packet is currently in development. For now, please use our former H-1B application packet, which can be found on the ISSS Forms page, under Scholars.

Here is a basic overview of the process:

1. Department and E-3 candidate submit a complete application packet.
2. ISSS reviews the application and requests clarification or additional documentation as necessary.
3. Once the Department has completed their portion of the application fully, ISSS can do the prevailing wage determination and create the LCA (Labor Condition Application)
   1. ISSS will send the LCA Summary to the Department and E-3 Candidate for an accuracy check and public posting.
   2. Once the department confirms that the LCA has been posted, ISSS can submit the LCA to the Department of Labor.
4. While the LCA is processing with the Department of Labor (7-10 days), ISSS will create the I-129 (assuming the E-3 candidate’s portion is complete) and send it to HR for signing as well as request the filing fees from Procurement.
5. Once ISSS receive the certified LCA, signed I-129, and Checks, ISSS can compile the petition and submit it to USCIS with either regular or premium processing.
   1. Premium Processing guarantees as response within 15 days. Typically this response is approval. Sometimes it can be a request for evidence, which would delay the process and require additional documentation to be gathered and sent to USCIS based on the specifics of the request.
   2. Regular processing times may be checked by going to https://egov.uscis.gov/processing-times/ selecting “I-129 | Petition for a Nonimmigrant Worker” then “Vermont Service Center” and looking at the Estimated Time Range. The early date on this range indicates that 50% of all cases are adjudicated by this date. The later date indicates that approximately 93% of all cases are adjudicated by this date.
6. Approximately one week after the petition is approved by USCIS, we will receive the approval notice in the mail. You, your department, and Human Resources will be notified by email and sent soft copies of both the I-797 Approval Notice and Certified LCA via Box.

Maintaining Passport

All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.

 

Report Address Changes

International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in E-3 status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of a change of physical address. More information about address changes and address update requirements can be found on the Forms page.

 

Limitation of Stay and Work Authorization

As noted previously, there is no maximum number of years one can request E-3 status.

If the E-3 holder has not left the country since the most recent E-3 Approval, they are valid to stay in the country for the time period listed on the E-3 I-797 Approval Notice or I-94 arrival record (for consular processed applications). One important note is that the I-94 arrival record will frequently have a 10 day grace period added on to the period of authorized stay. While the E-3 may remain in the U.S. during that time, they may not work. Work authorization is limited to both the I-94 and the certified LCA, whichever is shorter.

If an E-3 holder has traveled outside of the U.S. since obtaining E-3 status or if they applied for their E-3 abroad, they should get their I-94 admission number by visiting www.cbp.gov/i94

As long as the E-3 holder extends their E-3 status before the end date listed on the I-94 or on the E-3 I-797 Approval, they will be able to remain in the United States. If an E-3 extension is timely filed (prior to the end date) with USCIS, then E-3s may continue to work for 240 days while the petition is being adjudicated by USCIS.

If you will leave the program earlier than the end date on your E-3 I-797 Approval Notice, you must inform International Student & Scholar Services.

Employment Restrictions

E-3 holders are not allowed to work for any other employer or in any other work location other than those that are authorized on the E-3 I-797 Approval Notice or certified LCA.

Transferring to Another Employer

An E-3 Holder can transfer to another employer as long as the E-3 holder is currently in valid status and the new employer files an E-3 application in a timely manner (before the intended start date of new employment and before the expiration of the current E-3 Approval).

Before taking new employment, talk to International Student and Scholar Services. International Student and Scholar Services must withdraw or cancel your E-3 when you end your employment with the University of Mississippi. The withdrawal of the E-3 petition may affect your employment eligibility with your new employer.

There are specific travel requirements for anyone on a temporary visa. For information on initial entry into the U.S. in E-3 status, or if you are currently in E-3 status and would like to travel abroad and re-enter, visit the Travel and Transportation section.