Visa Types at the
University of Massachusetts Medical School
International Students & Scholars’ Office (ISSO)
www.umassmed.edu/hr/isso
email: issoumms@umassmed.edu
Phone: (508) 856-8472/Fax: (508) 856-5922
Revised: March 8, 2016
Visa
Who is Eligible?
Length & Limitations
B1/B2
 Visiting Nationals, usually for
the purpose of honorarium as
speakers
 Barbara assists with
honorarium processing.
EAD
Cards
 There are many types of
EAD cards. EAD stands for
Employment Authorization
Document.
 EAD is usually good for 1
year and must be tracked;
cannot work beyond the
ending date listed on the
EAD card.
 Usually, cost is $180
 Form I-765 is used for initial
and renewal applications.
F-1
 Application: Form I-20
 Ph.D. Students in the
Graduate School of
Biomedical Science
 Non-UMMS Students on
Optional Practical Training
(OPT)
 The ISSO assists with initial
and renewal F and OPT
processes.
 Any alien admitted under section 101 (a) (15) (B) may accept an honorarium
[payment and associated incidental expenses for a usual academic activity or
activities (lasting not longer than 9 days at any single institution and is made
for services conducted for the benefit of that institution or entity and if the alien
has not accepted such payment or expenses from more than 5 institutions
or organizations in the previous 6-month period. "
 Payments require a Social Security Number or Individual Taxpayer Identification
Number (ITIN).
 Refugee (a)(3), (a)(4), no cost.
 Asylee (granted asylum) (a)(5), does NOT need EAD if the I-94 card is endorsed
with “Employment Authorized.” To complete the I-9, document will be listed in
Column A. The Social Security card will have no added wordage.
 Asylum Applicant, with pending asylum application (c)(8), Must wait at least 150
days following the filing of asylum claim before being eligible to apply for EAD.
If EAD application is filed early, it will be denied.
 Temporary Protected Status (TPS) (a)(12), Needs EAD card. Some countries
have an automatic 90-day window beyond the end date of expiration of the EAD,
when they can still work. For Liberians who wish to renew the EAD, a dated
sticker is placed on the EAD card at the time of fingerprinting.
 F1 Student Optional Practical Training (OPT) (c)(3)(i), Card is granted for 1 year
only after graduation. Must apply to change to H1B1 visa during first 6 months
of OPT. If a graduate of U.S. medical school, USMLE Step 3 is not required.
 J2 Spouse of J1 Exchange Visitor (c)(5), Dependent on Primary, so if Primary
terminates, Dependent terminates at the same time.
 G1, G3, or G4 dependent (c)(4)
 L1: Spouse of L-1 Intracompany Transferee (a)(18)
 K-1 Nonimmigrant Fiance(e) of U.S. citizen or K-1 Dependent (a)(6),
Application must be filed within 90 days from the date of entry to the U.S. The
EAD card CANNOT be renewed. CR6 means conditional permanent residency.
There is no need to track these. The IR6 means permanent residency.
 V1, V2, or V3 Nonimmigrant (a)(15), Must be filed in Wisconsin, not USCIS in
Vermont.
 Adjustment Applicant (applied for Permanent Residency (c)(9), I-765 may be
filed with I-485 (application for permanent residency). We prefer to keep H1B1
active. “Dual Intent” is allowed.
 Length: Duration of the Program. May enter the U.S. 30 days prior to start date;
must exit U.S. 60 days (grace period) after termination/graduation date. Must not
be employed during grace period.
 When applying for first visa stamp, F1 applicant must pay $100 SEVIS fee prior
to interview at U.S. Embassy or Consulate.
 MUST REGISTER WITH ISSO OFFICE & SEVIS WITHIN 10 DAYS
OF STARTING AT UMMS. MUST MAINTAIN FULL-TIME
STUDIES WHILE AT UMMS. MUST NOTIFY ISSO OFFICE WITH
CHANGE OF ADDRESS. MUST NOTIFY ISSO OFFICE
IMMEDIATELY UPON TERMINATION, GRADUATION,
DISMISSAL.
J-1
 Application: Form DS-2019
 International Medical School
Graduate (IMG) Physicians in
Clinical Training
 This visa is sponsored by the
ECFMG (Educational
Commission of Foreign
Medical Graduates). UMMS
is the liaison between
physician and ECFMG.
 Michelle reviews all IMG
applications prior to
interview. She coordinates
the J1 process between the
incoming Resident or Fellow
and the ECFMG.
J-1
 Application: Form DS-2019
 Student, Professor, Research
Scholar, Short-Term Scholar
 This visa is sponsored and
processed by UMMS.
 The ISSO processes all J-1
incoming and renewals.
 If the applicant is in the U.S. while the F-1 application is pending at
USCIS, the applicant must not travel out of the U.S.
 Spouse (F-2) not eligible to work or study full-time; must change to F1 student if
accepted at academic school.
 Dependents, including children, must enter the U.S. on own F2 visa.
 F-1 Student cannot be employed outside of UMMS.
 UMMS offers Repatriation & Evacuation Insurance as a benefit.
 After graduation, eligible for 1 year of OPT (optional practical training) but must
have EAD card (Employment Authorization Document) issued from USCIS
before being employed; EAD process takes 2-3 months. Cost is $175 using Form
I-765 and documents from ISSO.
 Non-UMMS Students must contact UMMS’ ISSO before employment begins.
 Non-UMMS Students must receive approval first from their own International
Office prior to temporary employment here (paid by contracts).
 Non-UMMS Vacation employment must have EAD cards prior to UMMS temp
employment
 Security Regulations: Subject to security checks which will cause delay in issuing
the F1 or F2 (dependent) stamp in the passport at the U.S. Embassy or U.S.
Consulate by 1 month up to 5 months!
 Length: Duration of the Program but no longer than 7 years. May enter the U.S.
between 30 days and the start date; must exit U.S. 30 days (grace period) after
termination date. Must not be employed during the grace period. Cannot
moonlight.
 When applying for first visa stamp, J1 applicant must pay $100 SEVIS fee prior
to interview at U.S. Embassy or Consulate.
 Spouse (J-2) is eligible to work in U.S. with USCIS authorization (EAD card).
 If accepted into ACGME-accredited residency or fellowship programs; moderate
documentation needed.
 If accepted into an unaccredited program (not listed in AMA’s Green Book),
great amount of documentation needed. Visa approval not guaranteed.
 Must send SEVIS Registration form to ECFMG upon receipt of DS-2019.
 Cost: $200 each year; Must be renewed each year.
 Must have Medical Health Insurance.
 ECFMG provides Repatriation & Evacuation Insurance as a benefit.
 Must receive J-1 visa stamp in passport outside the U.S. for initial entry.
 Subject to the 212(e) Regulation: must return to home country for 2 years, after
completion of U.S. training.
 Security Regulations: Security checks will cause delay in issuing the J stamp in the
passport at the U.S. Embassy or U.S. Consulate by 1 month up to 5 months!
 Length: 3 months to 3 ½ years. May enter U.S. between 30 days and the start
date; must exit U.S. 30 days (grace period) after termination date. Must not be
employed during grace period.
 When applying for first visa stamp, J1 applicant must pay $100 SEVIS fee prior
to interview at U.S. Embassy or Consulate.
 Spouse (J-2) is eligible to work in U.S. with USCIS authorization (EAD card).
 MUST REGISTER WITH ISSO OFFICE & SEVIS WITHIN 10 DAYS
OF STARTING AT UMMS. MUST NOTIFY ISSO OFFICE WITH
CHANGE OF ADDRESS. MUST NOTIFY ISSO OFFICE
IMMEDIATELY UPON TERMINATION, GRADUATION,
DISMISSAL.
 Must have Medical Health Insurance by UMMS or individual.
 UMMS provides Repatriation & Evacuation Insurance as a benefit
 Changes to this status may be done in the U.S. with approval of CIS. If the
applicant is in the U.S. while the J-1 application is pending at USCIS, the
applicant must not travel out of the U.S.
 May be subject to the 212(e) Regulation: must return to home country for 2
years, after completion of research visa.
 If subject to 212(e), cannot change to other visa types unless J-1 waiver approval
is received from CIS.
J-2
 Application: Form DS-2019
 Dependent of J-1
H1B
 Exceptional Researcher,
Physician, Faculty
 This visa is sponsored by
UMMS.
 Michelle and Susan process
all initial and renewal H1B
visas.
L-2
 Spouse of L-1A or L-1B,
Intra-Company Transferee
 If Waiver Approved by CIS, this person must not travel outside the U.S. or the
Waiver Approval will become void and the person will be subject to Section
212(e) again.
 Changes between categories are not allowed unless under rare circumstances and
with Dept. of State approval (for example: research scholar to student). Within
the U.S., it is very difficult to change from Research Scholar to Alien Physician
(ECFMG-sponsored J visa) and approvals are rarely granted. It is better to try
this procedure at your own home country’s U.S. Embassy.
 Security Regulations: Security checks will cause delay in issuing the J stamp in the
passport at the U.S. Embassy/Consulate by 1 month up to 5 months!
 Must enter the U.S. on own DS-2019, including J2 children.
 May work only with USCIS approval (EAD card). Needs EAD card to receive
SS#.
 Length: Renewed annually by applicant
 Process: Form I-765 with J-1 documents; Cost: $180
 Employer must see USCIS-issued EAD (Employment Authorization Document)
card annually. Must not be paid if EAD card is not current.
 Must pay taxes like a non-resident alien. No treaty benefits allowed.
 If in Graduate Medical Education (GME) Program, possible inability to complete
residency/fellowship training due to J1’s time limitation if J1 is sponsored by
ECFMG.
 Security Regulations: Security checks will cause delay in issuing the J stamp in the
passport at the U.S. Embassy/Consulate by 1 month up to 5 months!
 Length: 6 years, processed up to 3 year increments
 May enter the U.S. 10 days prior to start date; must exit U.S. 10 days (grace
period) after termination/dismissal. Must not be employed during grace period.
 Institution-specific: Can only be employed by institution listed on H approval
notice. Must have institution’s Tax ID on H application.
 If the applicant is in the U.S. while the H1B application is pending at
USCIS, the applicant must not travel out of the U.S. if the change is to H
status AND the previous H Approval Notice has not expired.
 If physician moonlights, must have different sites listed on LCA.
 If employed by 2 institutions, must have 2 H-approved visas for each institution.
 If physician applicant to GME Program, must be reviewed/approved by the
Office of International Students & Scholars and GME.
 If physician has clinical duties, must include USMLE Steps 1, 2, 3, ECFMG
Certificate, Massachusetts Medical License.
 If person is subject to the 2-year home country requirement, known as Section
212(e), the person is not eligible to change to the H visa; the O1 is a possible
solution (see O1).
 Process takes 3 weeks to complete and then up to 4-plus months’ for USCIS to
process.
 Cost: $190 plus additional family ($200).
 Anti-Fraud Fee of $500, payable to U.S. Department of Homeland Security must
be paid by the sponsoring Department for new H and transfer H visas.
Departments whose employees are renewing their H visa do NOT pay this fee.
 USCIS offers 15-day Premium Processing available at $1,000 fee (applicant
pays this fee).
 Portability allows H transfers to work at new institution after new institution
receives USCIS Receipt Notice. Valid previous H status must be maintained. If
H transfer denied by USCIS, person will be considered out-of-status.
 If institution dismisses the H-1B employee for any reason during the approved H
dates, the institution is responsible for the reasonable transportation back to
home country or last place of permanent residence.
 H4 dependent cannot work but can enroll in classes. Also, can volunteer.
 The L-1A is granted initially for 3 years, with 2 extensions of 2 years for a total of
7 years. The L-1B status is granted initially for 3 years, with only 1 extension of 2
years for a total of 5 years. After a stay of 7 years/5 years, the L-1 foreign worker
must live outside the U.S. for 1 year before becoming eligible for L status again.
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O-1
 Outstanding Physician,
Faculty
 This visa, although sponsored
by this institution, must be
processed by applicant’s own
immigration attorney.
Applicant is responsible for
attorney’s fees unless other
arrangements have been
made.
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TN
V-1
 Canadian and Mexican
Citizens
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 Certain Spouses of
Permanent Residents, residing
in the U.S. while waiting for
the final completion of the
Permanent Resident process.
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Perm.
Res.
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Tax
Treaty
 At UMMS, only individuals
holding F-1 and J-1 visa
status might be eligible for tax
treaty. Some H-1s are
eligible.
 60 countries offer tax treaties.
 As part of the employment
process, Barbara meets with
all international employees
who are on visas and who
must complete the Foreign
National Information Form
first.
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
May work only with USCIS approval (EAD card).
Length: Renewed annually by applicant
Process: Form I-765 with L-1A/B documents; Cost: $180
Employer must see USCIS-issued EAD (Employment Authorization Document)
card annually. Must not be paid if EAD card is not current.
Must pay taxes like a non-resident alien. No treaty benefits allowed.
Length: Initial O may be up to 3 years; subsequent O extensions 1 year in length,
unlimited.
May enter U.S. 10 days prior to start date; must exit U.S. 10 days (grace period)
after termination/dismissal. Must not be employed during grace period.
Cost: Anywhere from $3,000 to $4,000
Institution-specific
Spouse not allowed to be employed.
Applicant must be extremely highly-skilled with published papers in international
journals.
The O1 can be transferred; it is NOT portable.
$1,000 Premium Processing is available for 15-day processing.
J-1 applicant subject the 2-year home country regulation may apply for O-1 status
which does NOT erase 2-year rule but rather delays the 2-year home country
requirement.
If subject to J-1 Waiver, initial O passport notation must be made in home
country.
Length: Processed annually at the U.S. Border or within the U.S. (for extensions
only) with no limit on extensions.
Cost: $50 to $55
Institution-specific
Spouse may not be employed.
Applicant’s position must be listed on the TN Schedule (researchers are
acceptable, clinical physicians are not).
Length: Renewed annually by applicant; no limit on extensions.
Process: Form I-765 sent to USCIS in Chicago (may take up to 6 months); Cost:
$180
Employer must see USCIS-issued EAD (Employment Authorization Document)
card annually. Must not be paid if EAD card is not current.
Must pay taxes like a non-resident alien. No treaty benefits allowed.
Permanent Resident status is processed by the individual or an immigration
attorney.
Individual must provide a Resident Alien Card, known as Green Card.
Individual is treated like a U.S. Citizen for employment purposes.
Ignore the expiration date on the card; it is applicable only when the individual reenters the U.S.
Persons with Pending Permanent Resident petitions may request an Employment
Authorization Document (EAD) which can be renewed yearly.
The I-551 passport stamp may alternatively be used as proof of employment.
Every treaty contains an article exempting from federal and state taxation the
income from the performance of personal services as an employee when the
person performing the services is a resident of the treaty country and the services
are performed in the U.S.
Every treaty has its own definition of “U.S. residency” or Resident Alien (RA).
The IRS offers a substantial presence test whereby the individual’s days in the
U.S. are actually counted towards the maximum amount of days the person is
allowed to have tax treaty. After the maximum is reached, the individual becomes
a Resident Alien for tax purposes and begins to pay taxes as a U.S. citizen. Tax
Treaty status must be renewed every calendar year.
For U.S. Citizens and Resident Aliens, UMMS contributes towards FICA. While
in a NRA (Non-Resident Alien) status, a person is exempt from FICA and State
Retirement, resulting in the savings towards UMMS.