Fermilab employees and visitors hold a variety of nonimmigrant statuses in the United States. All users and visitors must first receive an invitation letter from the Foreign National Access Program Office. For information for your family members, visit the Information for family members of non-U.S. citizens page.
Nonterm or permanent positions
Fermilab employees with nonterm or tenure track positions usually hold the following statuses.
H-1B
H-1B nonimmigrant status is a temporary work-authorizing status for Fermi Research Alliance LLC employees, allowing professionals with a bachelor’s degree or equivalent in their field. It is specific to the employer and employment location (as listed in the Form I-129 petition), not a general work authorization. For more information, visit the U.S. Citizen and Immigration Services (USCIS) website.
TN
The NAFTA Professional TN visa allows Canadian and Mexican citizens to work in the United States for prearranged business activities for U.S. or foreign employers, but permanent residents cannot apply. For more information, visit the U.S. Department of State (USDOS) website.
O-1
O-1 nonimmigrant visas are granted to individuals with exceptional abilities in the sciences, the arts, education, business, athletics, or the motion picture or television industry, who are recognized nationally or internationally. For more information, visit the USCIS website.
E-3
The E-3 classification is for Australian nationals entering the United States for a specialty occupation, requiring a bachelor’s degree or equivalent. This status is only applicable to individuals who have a theoretical and practical knowledge in professional fields. More information about E-3 status can be found on the USCIS website.
H1-B procedure
A Fermilab recruiter or the Directorate issues an offer letter outlining the position and term length. You may accept the offer in writing.
The Fermilab Visa Office initiates the case in the online case management system, contacts the manager for position specifics and prompts you to complete the questionnaire and provide supporting documents online.
Once the requested information is received, the Visa Office prepares and submits the Labor Condition Application to the U.S. Department of Labor for certification. Once the LCA is certified, the Visa Office prepares the H-1B petition package, requests any missing or updated documents and requests a check from the Fermilab accounting department.
The complete H-1B package is sent to the USCIS for processing. Note that “regular” processing takes two to seven months and “premium” processing takes two weeks.
If “Change of Status,” your new status takes effect on the validity start date listed on the approval notice; if “Consular,” you must obtain a visa stamp and (re)enter the United States in a new status. Fermilab’s Visa Office will provide you with the visa packet.
If your employment changes, the change must be discussed with the Visa Office prior to the change taking place.
Fixed-term positions and temporary positions
Fermilab’s employees holding nonterm or tenure track positions and international visitors supported by institutions other than Fermilab usually hold the following statuses:
J-1
J-1 visa status enables foreign nationals to enter the United States as “exchange visitors.” Exchange visitor programs are supervised by the U.S. Department of State (USDOS), which has authorized Fermi Research Alliance and Universities Research Association Inc. to manage several J-1 exchange visitor programs at Fermilab. Please see the USDOS for further general information about J-1 exchange visitor programs.
Types of J-1 exchange visitor programs
Summer students, trainees and interns program
This program is for students and recent graduates in physics, computer science, engineering and related fields, and enables students to participate in structured internship and training programs at Fermilab that relate to their course of studies. The program ranges from a few weeks to 18 months in duration. Learn more about the summer students, trainees and interns program.
Short-term scholars program
This program allows scholars to come to the United States for a period of up to six months to lecture, observe, consult and/or participate in seminars, workshops, conferences, study tours, professional meetings or similar types of educational and professional activities. Learn more about the short-term scholars program.
Research scholars program
This program enables foreign research scholars (including Fermilab guest scientists, visiting scientists and engineers) to engage in research, teaching and lecturing with their American colleagues, to participate actively in cross-cultural activities with Americans and ultimately, to share their experiences and increased knowledge of the United States and their substantive fields with members of their country upon their return. Learn more about the research scholars program.
Specialists program
This program is for experts in a field of specialized knowledge or skill who are coming to the United States for observing, consulting or demonstrating special skills. The maximum program duration is one year.
J-1 procedure
A Fermilab recruiter or the Directorate issues an offer letter outlining the position and term length. You may accept the offer in writing. For visitors using the J-1 visa, see the Foreign Visits and Assignments website.
Fermilab’s Visa Office initiates the case in the online case management system, contacts the manager for position specifics, and prompts you to complete the questionnaire and provide supporting documents online. You must also review and acknowledge your understanding of Fermilab’s J-1 orientation presentation.
Once the requested information is received, the Visa Office creates a Student and Exchange Visitor Information System record and issues Form DS-2019 (and Form DS-7002 for interns and trainees), and mails the original documents to you.
You must schedule a visa interview abroad (not necessarily in your home country). You will receive a J-1 visa stamp, and then enter the United States.
On the next day or the first business day thereafter, you may attend Fermilab’s J-1 orientation presentation with the Visa Office, which then “validates” the program.
It is your responsibility and you manager’s responsibility to contact the Visa Office to initiate a J-1 program extension (if an extension is possible) or a change in status. Although the Visa Office monitors the J-1 expiration dates, it does not solicit the division, supervisor, or foreign national for extension of programs, and the programs automatically close on the last date of validity. The Visa Office does request and collect additional required data from interns and trainees at the end of their programs.
Transfers between J-1 sponsors are allowed if the program is still valid. Please contact the Visa Office with an institution transfer request.
Programs end automatically; it is your responsibility to depart the United States within the 30-day grace period. Programs may be ended early by the Visa Office if requested. The Visa Office may end programs early by the VO for various reasons including noncompliance of program regulations.
F-1
F-1 visa status enables foreign students to enter the United States to pursue studies and accept employment related to a field of study. You may learn more about the F-1 status in general on the U.S. Department of Homeland and Security website. Fermilab has agreements with many U.S. universities that allow students to conduct their research or practical training activities on site at Fermilab. Check with your university whether you are eligible for this kind of program. Upon graduation, an eligible foreign student may work with their school to apply for a 12-month optional practical training employment authorization document from the U.S. Citizenship and Immigration Services. Some eligible students may further extend this work authorization by applying for the 24-month STEM OPT extension. Fermilab’s Visa Office will work with you and your school to complete the STEM OPT process.
Additional information
- J-1 pre-arrival information: Please review this page for a variety of topics important to your safe and successful arrival.
- Funding minimum: Fermilab Visa Office must ensure that each exchange visitor and their dependents have adequate funding for the duration of their Fermilab visit.
- Medical insurance requirements: Review of the minimum required health insurance limits.
- Repeat participation: Participation in exchange programs as a J-1 research scholar or professor for the first time or after a prior J-1 status is restricted by a “bar” (or ineligibility period). Depending on previous J-status, the period of ineligibility is either 12 or 24 months. Eligibility for participation in J-1 categories other than research scholar or professor is not affected by these barring periods.
- Home residency requirement: Some J-1 exchange visitors may be found subject to a two-year home-country physical presence requirement. If this applies to you, this means that you either must reside in your home country OR obtain a waiver form the USDOS before you can change your status or enter the United States in a work-authorized or permanent resident status.
- Volunteering while in J-1/J-2 status: Can you volunteer as a J-1/J-2 exchange visitor? The quick answer is maybe. It depends on what you do and where you do it.
- Tax information for nonimmigrants: Although Fermilab cannot provide tax advice, it can provide information to help you navigate the U.S. tax system
Healthy, safety and welfare of exchange visitors
The USDOS prioritizes the health, safety and welfare of exchange visitors to maintain international educational and cultural exchange as an effective public diplomacy tool. To ensure this, the USDOS has established a J-1 Visa Helpline at +1 866-283-9090 (a 24/7 toll-free number).
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