Other Temporary Worker Visas

The TN visa program is the immigration component of the United States-Mexico-Canada Agreement (USMCA), formerly the North American Free Trade Agreement (NAFTA), which enables Canadian and Mexican citizens to be admitted to the United States to engage in "business activities at a professional level" in certain occupations, for one or more specific employers (provided that each employer applies for a separate TN visa). Legal permanent residents of Canada and Mexico are not eligible for the TN visa.

TN status may be granted for an initial period of up to three years, and this status may be extended indefinitely in three-year increments.

1. The profession must be on the list of qualifying positions.
2. The individual must have at least a bachelor's degree or appropriate credentials demonstrating status as a professional.
3. The individual possesses the requisite educational background and experience for that position.
4. The individual must be a citizen of Canada or Mexico.
5. The individual must have a prearranged job that is not self-employment.
6. Canadian citizens apply for TN visas at the U.S. port of entry.
7. Mexican citizens must apply for TN visas in a U.S. embassy or consulate in advance.

The HIO staff can assist the Harvard community in making the determination whether the TN visa is appropriate for an employee. The TN visa is a temporary visa category and is not appropriate for permanent positions.

For the additional information regarding TN status, please contact the HIO and review the Department of State information. 

In order to maintain TN status, individuals are expected to engage in employment only with the sponsoring employer through which the TN status was obtained.

As TN status is employer specific, individuals may not accept compensation, including honoraria, from any other entity. Individuals in TN status invited to give a lecture, collaborate, conduct research or present at other institutions can receive reimbursement for reasonable living and transportation costs only. An individual may work for more than one employer, but must obtain a separate TN based on each employer.

Public Assistance Restriction 

Under certain U.S. federal, state, county, and local laws, nonimmigrants and their dependents may qualify for “public assistance,” such as health insurance, subsidized housing, food assistance, or unemployment benefits. Accepting such benefits as a nonimmigrant visa holder can lead to inadmissibility to the United States due to reliance on “public assistance” under the Immigration and Nationality Act, this could ultimately result in denial of re-entry into the United States in the future. The nonimmigrant is responsible for understanding that certain types of benefits could qualify for “public assistance” and knowing the risks associated with enrolling and/or receiving such benefits.

The TN visa is employer specific, which means that the DHS approved status authorizes the TN visa holder to work only in the position specified in the Harvard employer letter or an Affiliated hospital letter. An individual who has an TN approval from another employer is not eligible to work at Harvard. A TN worker may work for more than one employer, but TN status must be approved for each.

Leaving Harvard

Individuals in TN status are required to leave Harvard on or before the end date indicated on their Form I-94. They should make sure that their departments are informed of their intending departure and their future contact information.

Remaining in the United States

Individuals intending to remain in the United States after leaving Harvard should take the initiative to prepare and submit proper paperwork to maintain lawful immigration status. This may involve applying for TN status with another employer or changing to an entirely different visa category.

The O-1 temporary worker visa status is designated for individuals of extraordinary ability in the sciences, education, business, arts or athletics and individuals of extraordinary achievement in the motion picture and television industries. The United States Citizenship & Immigration Services (USCIS) determines whether an individual qualifies for O-1 visa status. O-1 visas are initially valid for up to 3 years and may be extended in one-year increments.

To qualify as an individual of extraordinary ability a foreign national must show evidence of receipt of a major internationally recognized award, such as the Nobel Prize or at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
• Membership in associations in the field which require outstanding achievements of their members, as judged by recognized experts in the field.
• Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
• Published material in professional or major trade publications or major media about the applicant's work.
• Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
• Evidence in the form of 5 or 6 letters from prominent colleagues who can confirm the applicant's original scientific or scholarly contributions of major significance to the field.
• Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• Evidence of commanding a high salary or other compensation for services. This category does not usually apply to academic positions.

Specifics of Approval

The United States Citizenship & Immigration Services (USCIS) decides whether an individual qualifies for O-1 classification. The O-1 visa is employer specific, which means that a USCIS approved petition submitted by the HIO only authorizes the individual to work in the position specified in the petition filed by Harvard. An individual who has an O-1 approval from another employer is not eligible to work at Harvard. An O-1 visa holder may work for more than one employer, but each employer must file a separate visa petition. The employer will be liable for the reasonable cost of return transportation of the applicant abroad if the applicant is dismissed from employment by the employer before the end of the period of authorized admission. For questions, please contact the HIO.

As an O-1 visa holder, you will have an expiration date on the Form I-94 that should match the end date on the O-1 petition filed on your behalf. You are advised to print out a Form I-94 via the above mentioned web site each time you make an entry to the United States. To maintain the O-1 visa status, you must continue to pursue the intended activity at Harvard University.

Changes in Employment

If there are significant changes in employment, the O-1 visa holder should contact their HIO advisor. O-1 visa holders are only authorized for employment by the organization which sponsored the O-1 petition. An O-1 visa holder may work for more than one employer, but each employer must file a separate visa petition.

Change of Address

All non-immigrants are required to notify USCIS within 10 days of a change of residential address. H-1B visa holders should report a change of address by completing Form AR-11: please follow the instructions on the Change of Address section of USCIS' website. Please also notify the HIO of the new address by sending a photocopy of the form submitted to USCIS.

Public Assistance Restrictions 

Under certain U.S. federal, state, county, and local laws, nonimmigrants and their dependents may qualify for “public assistance,” such as health insurance, subsidized housing, food assistance, or unemployment benefits. Accepting such benefits as a nonimmigrant visa holder can lead to inadmissibility to the United States due to reliance on “public assistance” under the Immigration and Nationality Act, this could ultimately result in denial of re-entry into the United States in the future. The nonimmigrant is responsible for understanding that certain types of benefits could qualify for “public assistance” and knowing the risks associated with enrolling and/or receiving such benefits.

O-1 visa holders are only authorized for employment by the organization which sponsored the O-1 petition. An O-1 visa holder may work for more than one employer, but each employer must file a separate visa petition.

O-1 Visa holders are eligible for a Social Security Number (SSN) and need one in order to be employed. O-3 visa holders are not eligible for Social Security Numbers as they are not authorized to accept employment.

Leaving Harvard to Work Elsewhere

If you are leaving Harvard to work for another U.S. based employer, the new employer may need to file a petition representing the change in sponsorship to USCIS. Your new employer will have to work with you in order to plan the timing of filing a new petition. This may be necessary even if you are moving from one department or school to another within Harvard University.

Leaving Harvard and the United States

When you plan to end employment with Harvard, please be sure to contact your advisor at the HIO and your department administrator to ensure that your immigration paperwork is handled appropriately. If you are leaving the United States earlier than expected, please notify the HIO so they may inform USCIS of the change. There is no automatically defined grace period associated with the O-1 visa. Your status ends when you stop working for Harvard.

Coming to Harvard from another U.S. Employer

If you are leaving your current U.S. employer to come to work for Harvard and are currently in O-1 status, the HIO will need to file a petition representing the change in sponsorship to USCIS prior to your start date at Harvard University.

The E-3 temporary worker visa is designated for Australian citizens coming temporarily to the United States to work in a specialty occupation. A specialty occupation is defined as one that requires "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement." Australian permanent residents are ineligible for this visa type unless they hold an Australian passport. E-3 visa holders may be admitted initially for a period up to two years, and extensions of stay may be granted indefinitely in increments of up to two years. There is an annual cap of 10,500 initial E-3 applications for principal visa holders.

The hiring department must provide documentation to prove that the job requires a person with special qualifications and that the individual meets those qualifications. Further, the hiring department is required to pay a salary to the individual, which meets the prevailing wage. The individual's pay check must come from the hiring entity (Harvard University or an affiliated hospital).

The HIO must file and receive an approved Labor Condition Application from the U.S. Department of Labor, before an individual may obtain an E-3 visa or E-3 status. If an individual is to enter the United States from another country the University is not required to file an E-3 petition with USCIS in advance of their arrival.

The E-3 visa is employer specific, which means that the USCIS approved petition authorizes the individual to work only at Harvard University or its affiliated hospital. The individual must meet the terms and conditions described in the Labor Condition Application.

The E-3 visa is employer specific, which means that an USCIS approved petition that was submitted by the HIO authorizes the E-3 visa holder to work only in the position specified in the petition at Harvard or one of the affiliated hospitals. An individual who has an E-3 approval from another employer is not automatically eligible to work at Harvard. An E-3 worker may work for more than one employer, but each employer must file a separate E-3 visa petition.

Transfers out of and to Harvard

If an E-3 visa holder wishes to leave Harvard to work for another employer, the new employer must file for a new Labor Condition Application while the E-3 visa holder is still working at Harvard. If an E-3 visa holder with another employer wishes to come to work for Harvard, the hiring department must notify the HIO so a Labor Condition Application can be filed on behalf of the incoming scholar.

Leaving Harvard

Prior to leaving Harvard a scholar needs to inform their department and the appropriate office(s) at the school or center with which they are affiliated. There is no official grace period at the end of an E-3 visa. If the individual leaves prior to the end date of the E-3 visa, they need to inform the HIO.

For more information on the E-3 visa please visit the U.S. Consular Services website for Australia.