Middlebury

 

Visa Categories and Work Authorization

Non-U.S. citizens / non-U.S. legal permanent residents who come to Middlebury College or the 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 offices:

If at Middlebury: International Student and Scholar Services (ISSS) via email or call (802) 443-5858.

If at Monterey Institute of International Studies (MIIS) and you are a student contact the Office of Student Services via email or call (831) 647-3586 otherwise contact International Student and Scholar Services (ISSS) via email or call (802) 443-5858.

Student Visa
Fellows Visa
Faculty / Researcher / Staff Visa
Lecturer / Performer / Visitor Visa
Visa that do not allow services
Visa to go Abroad

Student Visa

Most international 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. International 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 international students should contact their school's visa office.

Fellows Visa

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

Faculty, Researcher, and Staff Visa

Visa

Description

Sponsored by

Documentation Needed

H-1B*

Temporary Employment

Midd for Midd & 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 & MIIS

DS-2019

J-1

Research Scholar

Midd for Midd & MIIS

DS-2019

J-1

Short-Term Scholar

Midd for Midd & 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

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 ISSS office (see above) for more information on appropriate work authorization.

Speaker, Performer, Visitor, Independent Contractor Visa

Researchers and faculty giving a talk / presentation, artists performing or individuals coming to work on common research - are considered Independent Contractors no matter whether they get paid by or not. 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. 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. Note 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.

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.

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