Additional Sponsorship Options

The O-1 non-immigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics.  To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Eligibility: 

Full-Time Faculty or Tenure-Track Faculty positions only, unless approved by the area VP/Provosts and Human Resources. Individuals must demonstrate sustained international and national acclaim; as well as evidence that s/he is at the top of the field of endeavor. If subject to the foreign residency requirement pursuant to a J-1 visa and applying for a change of status in the United States, an approved I-612, Application for Waiver of the Foreign Residence Requirement or evidence that the two year requirement has been met must be provided.

Duration: 

The O-1 is approved for an initial period of up to three (3) years.  It can then be extended in increments of up to one (1) year. If the beneficiary is subject to the 212(e) two-year home residency requirement, s/he must share a plan to fulfill this requirement before the first O-1 extension.

0-1 Sponsorship Procedures:

If a department is interested in sponsoring a foreign national for 0-1 status, the department must first get approval from the Area Vice-President/Provost and Human Resources, as applicable, then email the Office of Global Initiatives stating its intent to cover the legal and processing fees associated with filing an 0-1 petition. The Office of Global Initiatives will then contact outside counsel to initiate the 0-1 process of gathering information and preparing required documents. The outside counsel will assess the documents provided and will determine if the foreign national is eligible for 0-1 visa sponsorship. If outside counsel does not believe it will be a strong case of approval, we will determine the best next steps. The department and the foreign national must complete and submit the documents to the Office of Global Initiatives and outside counsel as explained. The Office of Global Initiatives will also send an invoice from the attorneys to the department, and the department must transfer the funds directly into the Department of Human Resources' account/index number (See "Costs and Expenses Associated with Non-Immigrant Visas and Permanent Residency"). Once the petition is drafted it will be sent to the United States Citizenship and Immigration Services (USCIS).

Canadian and Mexican citizens qualified to practice a profession listed in the North American Free Trade Agreement (NAFTA) may enter the United States for periods of up to twelve (12) months in the TN visa category. Most academic titles and many scientific research titles are included in the agreement, although the TN is not appropriate for tenure-track, tenured, or staff positions, since those types of appointments have permanent intent. More information is available through the Department of State’s website.

Duration:

he TN is renewable in increments of up to twelve (12) months at the discretion of the issuing authority (i.e., a DHS officer for Canadians or United States visa officer for Mexicans). Petitions for extension of TN status made within the United States are cumbersome and often more costly than those affected by departure to Canada or Mexico and subsequent reentry to the United States. In any case, the University does not file TN extension petitions with the USCIS; individuals employed at NJIT in TN status must leave the United States and reenter to effect an extension of stay.

TN Visa Procedure:

If a department is interested in hiring a Canadian or Mexican Citizen for a position and the employee has received their official offer letter. The employee and the department should contact the Office of Global Initiatives and request a letter of support for the TN visa.
The information needed for the support letter must have the following:

• Job title.
• Job duties and responsibilities.
  • If teaching include program numbers and description.
• Appointment dates (no more than 1 year).

Once contacted, OGI will determine whether the TN or H-1B is more appropriate for any given situation, and whether the job title is one covered under NAFTA.

For Canadian citizens: the employing department issues a letter to the prospective employee outlining the job title, salary, dates (the appointment must be temporary), and job responsibilities. The letter must state the specific credentials required for the job. The employee must present the letter and proof that they possess those credentials at the time of entry to the United States. 

For Mexican citizens: the employing department issues a letter to the prospective employee outlining the job title, salary, dates (the appointment must be temporary), and job responsibilities. The letter must state the specific credentials required for the job. The employee must present the letter and proof that they possess those credentials at the time of application for the TN visa as well as at the time of entry to the United States. 

If you believe the TN visa would be the best option for you, please contact the Office of Global initiatives at global@njit.edu for more information.

F-1 Students currently participating in pre or post Optional Practical Training (OPT) or the 24-month STEM Extension are eligible to work at NJIT in a paid position within the periods of their Employment Authorization Documentation (EAD) card. Unpaid volunteer work is not an option within NJIT. Please contact Human Resources or the Office of Global Initiatives for any questions regarding unpaid employment at NJIT. 

While working on OPT/STEM OPT, F-1 students will be expected to continue communication with the institution they received ther I-20. Travel Signatures, STEM Extension, etc must be processed by the F-1 student's initial institution.