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Temporary Business Visas

Japanese Ambassador

When bringing foreign nationals to campus, it is strongly recommended for UD Departments to contact OISS as early in the process as possible.

Please note that immigration regulations are subject to change and can vary depending on your particular case or situation. Always consult an OISS advisor for the most accurate information or whenever in doubt.

A Visiting Scholar on a J-1 Visa

Academic departments interested in hosting an exchange visitor must submit the following to the OISS at least one month prior to the requested start of the visiting scholar:
1.    Request for Visiting Scholar Form 
2.    A copy of the UD offer letter with start and end date of the program as well as any funding provided by the university.
3.    Proof of funding (if UD is not funding the scholar)
4.    Export Control Certification for J-1 Visiting Scholars signed by the Research Office
5.    $100 Department Authorization Form (if the dept. is paying the $100 International Service Fee) or Payroll Deduction
6.    A completed FedEx or DHL International Air bill to ship the immigration documents to the scholar abroad
The hosting faculty member, as well as the department chair, must sign the Request for Visiting Scholar Form. Forms will not be processed without the appropriate signatures. A DS-2019 form (Certificate of Eligibility) will be sent to the exchange visitor along with instructions on paying the SEVIS fee and applying for a visa at the US Consulate or embassy.

*As of February 1, 2014,  the OISS requires an Export Control Certification signed by the Research Office for all J-1 visa requests before we are able to issue a DS-2019 for the visiting scholar.*

A Visiting Scholar on a H-1B Visa

The H-1B visa category is for foreign nationals who are offered temporary employment in the United States to render services in “specialty occupations.” An offer of employment is required from an U.S. employer who must file the petition. A foreign national cannot self-petition for an H-1B visa. H-1B employment must be temporary, even if the foreign national may be coming here to fill a permanent position. There must be an employer-employee relationship (i.e., the employer must pay a regular salary or grant payments to the alien). The foreign national must be qualified to fill the H-1B visa position. He/she should have at least an U.S. bachelor's degree (or equivalent) and the appropriate education level in the field related to the nature of job.

H-1B visas are employer specific. Employment is limited to the sponsoring H-1B employer and for employment specified in the H-1B petition. H-1B visas can be for full-time or part-time employment.

J visa holders who are subject to 212 (e) 2-year foreign residency requirements are not eligible for H-1B visa. Unless the individual is able to obtain a waiver of the 2-year requirement, the only non-immigrant visa option for individuals in this category is an O visa.

The H-1B visa holder and dependents must be keep valid passports at all times throughout their stay in the U.S.

A Visiting Scholar as a Temporary Visitor for Business

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

International visitors coming to UD for a short period of time (usually few days) to perform limited services, can apply for B-1 (Visitor for Business) visa or if eligible, enter on a WB visa. The department can simply issue a letter of invitation from the Department Chair/Director/Dean.

A visiting scholar can be classified as a B-1 visitors for business, if they are traveling to the United States to:

  • Engage in commercial transactions, which do not involve gainful employment in the United States
  • Negotiate contracts
  • Consult with business associates
  • Litigate
  • Participate in scientific, educational, professional, or business conventions, conferences, or seminars

NOTE: B-1/WB or B-2/WT status holders should not engage in study, research, or employment in the United States.