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The H-1B category is designed for temporary workers who hold at least Bachelor's degrees and are employed in specialty occupations. The position must require the use of the degree and be a professional or a specialized position.  H-1B petitions are filed by the employer, not the employee.  In order to be eligible for H-1B status at the University, the individual must receive a job offer from the University and provide evidence of holding a Bachelor’s or higher degree before the H-1B petition is filed with U.S. Citizenship & Immigration Services ("USCIS").  Moreover, these petitions are “employer-specific”; therefore, if the individual changes employment, a new petition must be submitted to USCIS.  The University at Buffalo, University at Buffalo Research Foundation and University at Buffalo Foundation are separate employers. 

The Exchange Visitor Program is designed to bring, among others, scholars, researchers, professors and specialists to the United States for a variety of educational and cultural exchange purposes. These individuals are often under the sponsorship of an agency or organization that has been designated as an exchange visitor sponsor by the U.S. Department of State. The University at Buffalo has been granted this designation and, accordingly, is authorized to issue the Form DS-2019, the form used by the prospective Exchange Visitor to apply for their J-1 visa. UBIS usually issues approximately 400 Form DS-2019s per year.  Each DS-2019 Request Packet is evaluated for compliance with the Exchange Visitor Program's requirements.  After the J-1 Exchange Visitor arrives on campus, UBIS validates the EV's SEVIS record and monitors and facilitates the J-1 Exchange Visitor's and any dependents' period of stay at UB in order to ensure compliance with the regulations of the Exchange Visitor Program and successful completion of the EV's program.  UBIS is also responsible for compliance with the EVP's regulations pertaining to end-of-program procedures.  The J-1 visa is set apart from all other non-immigrant visa classes by its underlying philosophy of educational and cultural exchange.

O-1 status at UB is available to employ foreign nationals of extraordinary ability in the sciences, art, education, business and athletics.  In matters not involving the arts, UB must demonstrate through extensive documentation that the individual for whom we are petitioning is nationally and/or internationally recognized as being one of a small percentage who have risen to the very top of their field.  Matters involving the arts require a showing that the artist is "prominent in his or her field of endeavor."  As is the case with individuals who hold H-1B status, individuals who hold O-1 status can hold dual intent.  O-1 status may be granted for an initial period of three years and may be extended indefinitely on a yearly basis.

 

Under the 1994 North American Free Trade Agreement (“NAFTA”), qualified foreign professionals from Canada and Mexico may apply for temporary (employment-sponsored) work authorization in the TN classification.

Payment of honoraria can be made to a foreign visitor who enters the U.S. holding a visitor for business visa (B-1) or a visa waiver for business (WB).* Individuals who are already in the U.S. on visitor for pleasure visas (B-2) or visa waivers for pleasure (WT)* may also receive honoraria if the opportunity to render services arises after the individual has entered the U.S. In addition, certain conditions, which are listed below, must be met.

U.S. immigration law places responsibility for proper maintenance of status upon the individual holding non-immigrant status.  Thus, if you are contemplating travel outside of the U.S. and you are not sure about what consequences it may have upon your non-immigrant status, please contact UB Immigration Services for advice before you depart the U.S. 

Rates Effective February 8, 2021