Non-U.S. citizens / non-U.S. legal permanent residents who come to Middlebury College or Monterey Institute to study, work, present a paper, or perform, must have a nonimmigrant status which allows them to do so. Below is a (non-exhaustive) list of some typical visa classifications for students, fellows, employees, and independent contractors.


Who Can Help
For questions related to your visa and/or immigration status, you can contact the following: If at Middlebury: International Student and Scholar Services (ISSS) via email or call (802) 443-5858. If at Monterey Institute of International Studies contact the Office of International Services for International Students and Scholars (OIS) via email or call (831) 647-6403.


Students
Most students come to the U.S. on a F-1 visa. Exchange Students usually come in on a F-1 or J-1 Student visa. Students who are already in the U.S. as dependents often can stay on their dependent visa while studying, e.g., G-4.  All prospective students should contact their school's office.


Fellows
Research Fellows generally require J-1 Research Scholar or a J-1 Short-term Scholar status.


Employees
For employees see possible nonimmigrant status options below.

Visa Description Sponsored by Documentation Needed
H-1B* Temporary Employment Midd for Midd or by MIIS for MIIS I-797
TN Treaty NAFTA Midd for Midd or by MIIS for MIIS I-797 if change of status in U.S. only
J-1 Professor Midd for Midd or by MIIS for MIIS DS-2019
J-1 Research Scholar Midd for Midd or by MIIS for MIIS DS-2019
J-1 Short-Term Scholar Midd for Midd or by MIIS for MIIS DS-2019
J-1 Student on Academic Training Other Institution DS-2019 endorsed by Institution and letter from Responsible Officer
J-2 J-1 Dependent Other Institution or Middlebury College or MIIS EAD card (only in status as long as J-1 Principal in status) and DS-2019 from Principal
OPT Optional Practical Training Other Institution or Middlebury College or MIIS EAD card
CPT Curricular Practical Training Other Institution I-20 endorsed by Institution
EAD Employment Authorization Document Other Institution or self EAD card
*If you are already in H-1B status at a different institution, it is imperative to contact the respective Scholar Services office (see above) for more information on appropriate work authorization.


Independent Contractors
Researchers and faculty giving a presentation, artists performing or individuals coming to work on common research - if they are getting paid for above, they are considered Independent Contractors. Please contact the Tax Office to determine what visa is appropriate for a visit and what its tax implications are. For further clarification on Independent Contractors vs. Employees, contact the Human Resource Department (Monterey or Middlebury). Common visa categories for Independent Contractors are:

Visa Description Sponsored by Documentation Needed
B-1/B-2* Business Visitor / Tourist Visitor Consulate I-94
VWB/VWT* Business Visa Waiver / Tourist Visa Waiver Self I-94
J-1 Professor Other Institution DS-2019 and Letter from Responsible Officer of Other Institution
J-1 Research Scholar Other Institution DS-2019 and Letter from Responsible Officer of Other Institution
J-1 Short-Term Scholar Other Institution DS-2019 and Letter from Responsible Officer of Other Institution
J-2 J-1 Dependent Any EAD card (only in status as long as J-1 Principal in status) and DS-2019 of Principal
OPT Optional Practical Training Other Institution EAD card
EAD Employment Authorization Document Self or Other Institution EAD card
H-1B** Temporary Employment Other Institution I-797 and Letter from Responsible Officer of Other Institution
TN Treaty NAFTA Only if Middlebury is specified I-797 if change of status in U.S. only
O-1 Person of Extraordinary Ability Only if Middlebury is specified I-797
P-1 Performer Only if Middlebury is specified I-797
*Independent Contractors can often come as visitors in B-1 status or through the Visa Waiver Program. Important to notice for the visitor visa is that an honorarium can only be paid if it is for usual academic activities lasting no longer than nine business days at any single institution and if the visitor has not accepted an honorarium or payment for expenses from more than five institutions in the previous six month period.
**H-1B's coming to Middlebury College or the Monterey Institute from another institution need permission from their institution to come. Even with that permission, they cannot be paid for their service. They can however be reimbursed for their travel.


Documentation Always Needed
  1. Copy of picture page of passport
  2. Copy of visa page of passport (unless Canadian and no visa or in the U.S. on a visa waiver)
  3. Copy of both sides of I-94
  4. FNIF (foreign national information form) Summary
  5. W-8BEN or if resident alien for tax purposes W-9
  6. 8233 if you receive employment or independent contractor treaty benefits
  7. W-4 if you are employed


Visa Categories that do NOT allow to provide Services

Visa Description Sponsored by Documentation Needed
A-1 / A-2 Foreign Diplomat Personnel Government Only allowed to provide services to own government; only exception if sent by employer to give talk etc. but then still cannot be paid honorarium and any reimbursements should go to employer; only exception could be discussion of unique experience/ perspectives with no payment at all (no honorarium, no reimbursement) 
A-1 / A-2 Dependent of Diplomat Government Only allowed to provide services if EAD present
G-1 / G-4 Representative of International Organization Other Institution Only allowed to provide services to own government; only exception if sent by employer to give talk etc. but then still cannot be paid honorarium and any reimbursements should go to employer; only exception could be discussion of unique experience/ perspectives with no payment at all (no honorarium, no reimbursement)
G-1 / G-4 Dependent of Representative of International Organization Other Institution Only allowed to provide services if EAD present

Visa Waiver Program
To enter the U.S. through the Visa Waiver Program, you need to be pre-authorized. See the official website here.

An approved ESTA travel authorization, which results from the online application for the VWP program, does the following or serves the following purposes:
  • the ESTA authorization is valid for up to two years or until the traveler’s passport expires
  • the ESTA authorization is valid for multiple entries into the USA
  • the ESTA authorization does not guarantee admissibility to the United States at a port of entry; rather, ESTA approval authorizes a traveler to board a carrier for travel to the U.S. under the VWP. 

Last Updated: September 25, 2009