Visiting Scholars and Work Visas

Before finalizing travel plans, visitors should confirm which visa or travel category best matches their activities in the U.S. Visit https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html for additional information.

EVUS is the online system used by nationals of China holding a 10-year B1/B2, B1 or B2 (visitor) visa periodically to update basic biographic information to facilitate their travel to the United States. In addition to a valid visa, such travelers will be required to complete an EVUS enrollment to be admitted into the United States.

The Visa Waiver Program enables citizens of participating countries to travel to the U.S. for tourism or business and allows qualified travelers to enter the U.S. visa-free if they meet the following conditions:

• They have received an authorization to travel under the Visa Waiver Program through the Electronic System for Travel Authorization.
• They are traveling for business or pleasure and have a valid passport issued by a participating Visa Waiver Program country. Passports must be valid for six months beyond the expected stay in the U.S. unless country-specific agreements provide exemptions. Visa Waiver Program travelers will be required to present biometric passports when entering under the program.
• They will stay in the U.S. for 90 days or less; no extensions or changing status allowed.
• They demonstrate sufficient funds to support themselves while in the U.S.
• They enter the U.S. via a land border or aboard an approved carrier.
• They have an onward or return ticket if traveling by air or sea.
• They have no visa ineligibility and are a national of the Visa Waiver Program country.
• They must agree to waive the right to review or appeal an immigration officer's admissibility decision and waive the right to challenge removal.
• They must not pose a safety threat to the U.S. and have no previous violation of U.S. admission. 

For more information, visit the U.S. Department of State's Visa Waiver Program website.

Western Michigan University departments and colleges are advised to consult with the research compliance coordinator in the WMU Office of Research and Innovation before issuing a formal or written invitation to a prospective international visitor to ensure compliance with regulations, as individuals visiting the University on visitor visas must still follow WMU export control procedures. Contact the WMU Office of Research and Innovation at (269) 387-8293 or ovpr-export-control@wmich.edu. 

Note: The International Visitor Registration Form is sent to the Export Control officer.

Tourist and business visitors in B-1, B-2 or Visa Waiver Program status are eligible to receive honoraria and reimbursement of incidental expenses.

Only colleges, universities, nonprofit research organizations and governmental research agencies are allowed to pay honoraria and incidental expenses. An honoraria is payable only if both of the following apply:

1. The duration of the activity is nine days or less.
2. The visitor has not been paid or reimbursed by more than five other institutions during the past six months.

An honorarium is a gratuitous payment for participation in a usual academic activity for which no fee is legally required; an honorarium may be of any dollar amount.

Usual academic activity is defined as those activities for the benefit of the institution that include, but are not limited to: lecturing; teaching; consulting; conducting research; attending meetings, symposiums or seminars; or otherwise sharing knowledge, experience or skills in master classes, readings and performances (when the audience is composed of non-paying students or open to the general public and general admission tickets to the public have not been sold), and meetings of boards, committees or merit review panels. The rule precludes the sale of tickets for usual academic activity, and states that in such circumstances the foreign national would need to avail him or herself of another visa category.

Associated incidental expense reimbursements or payments for travel costs, lodging, meals, uniforms and supplies are allowed.

Refer to Carol LaLonde, WMU Assistant Director of Corporate Reporting and Taxation, at carol.lalonde@wmich.edu for information on procedures and eligibility to receive payments from WMU.

• The O-1 category sponsors individuals with extraordinary ability in sciences, arts, education, business, athletics, motion pictures, or television.
• Proof of extraordinary ability: Evidence such as major awards, publications, judging roles, high salary, or comparable recognition.
• Job offer required: Permanent or temporary employment offer from WMU; self-petitioning not allowed.
• WMU files Form I-129 petitions via Haenicke Institute-coordinated immigration attorneys for temporary U.S. work.
• Family/assistants may accompany.
  

• Employer/position specific: Work only for sponsoring WMU department in petitioned role; changes need new/amended petition.
• WMU job offer required: No self-petitions.
• Filing timeline: Up to 6 months before employment start.
• Duration: Initial 3 years + unlimited 1-year extensions.
• Department costs: Attorney fees, filing, return travel if dismissed early.

• J-1 to O-1: Eligible abroad if 212(e) applies (no U.S. change of status).
• O-3 family: Spouse/children under 21; no U.S. employment.
• Dual intent: Permanent residency pursuit won't impact O-1 status.

All O-1A petitions require prior clearance from the WMU Export Control Committee in the Office of Research and Innovation. Contact @email or (269) 387-8293 before proceeding.

Premium processing guarantees USCIS review within 15 calendar days for an additional fee (beyond attorney/filing costs). Contact International Student and Scholar Services (I3S) for details.

1. Consult I3S at (269) 387-5873 to confirm O-1 suitability vs. alternatives like H-1B or J-1.
2. Department submits to I3S: O-1 Request Form Parts A (department) and B (foreign national), Application Checklist, Certification Regarding Release of Controlled Technology or Technical Data, and Change of Address Notification.
3. I3S/attorney coordination: Petition filed via Form I-129 up to 6 months before employment start.
4. USCIS processing: Standard or premium; Haenicke Institute liaises throughout.

Departments must use official WMU forms when requesting O-1 sponsorship for an employee.

TN (Trade NAFTA)

In accordance with the United States‑Mexico‑Canada Agreement, certain Canadian professionals are admissible for temporary employment in the United States without petition approval from U.S. Citizenship and Immigration Services. 

Basic Requirements and General Information

The individual seeking TN classification must be coming to the U.S. to engage in business activities in one of the NAFTA‑specified occupations listed in Appendix 1603.D.1 (Title 8 C.F.R. 214.6 as set forth in Appendix 1603.D.1 of the NAFTA). These professionals may enter the U.S. simply by providing documentation at the port of entry that proves they are engaged in one of the designated professions and that they possess the required educational credentials to qualify in the listed professions.

Canadian professionals already in the U.S. (probably in H‑1B, L‑1 or O‑1 status) may choose to apply for TN status within the U.S through an application for change of nonimmigrant status. This type of TN must be processed by WMU International Student and Scholar Services because it requires filing of an I‑129 petition with USCIS. Government filing fees for Form I‑129 vary and are subject to change; for current USCIS fees, see the USCIS fee schedule on the U.S. Citizenship and Immigration Services website. Note that USCIS fees are generally higher than the fees charged at the border.

Duration of stay

May allow up to three years. It may be renewed with no limit of number of extensions.

I‑9 process

For I‑9 purposes, WMU and a position title must be listed on the TN arrival/departure record (I‑94) since the TN category is position‑ and employer‑specific.

Family members

A spouse and unmarried children under 21 are classified in the TD category. They are not allowed to engage in employment in the U.S.

Procedures for admission

Canadian professionals seeking admission to the U.S. in the TN category must present the case for admission at the port of entry. All documents presented should be originals, which will be returned to the applicant after the inspection by the border officials. The TN application consists of the following:

• Proof of Canadian citizenship (i.e. valid passport).
• Evidence that the intended U.S. activity is one of the NAFTA‑specified occupations, which should include a thorough description of the job duties in the form of a cover letter from WMU including a statement that the purpose of the entry is temporary.
• Evidence that the applicant has the necessary credentials to be considered a professional in one of the specified occupations.
• Proof of a license to practice the profession if one is required in the state of intended employment.
• Letter of employment, including remuneration and benefit.
• Payment of applicable U.S. Customs and Border Protection (CBP) fees for TN processing and the Form I‑94 arrival/departure record, paid with a personal check or money order; for current fee amounts, please refer to CBP’s official I‑94 information page or the most recent CBP fee notices.

Any credentials obtained outside the U.S., Canada or Mexico should be accompanied by a credential evaluation. The TN category is position‑ and employer‑specific; it might not be valid for any other position even within the same department. Consult with an immigration officer in I3S prior to making any changes to the terms and conditions of the TN employment.

Canadians traveling by motor vehicle may apply for TN status at a land border crossing post during regular business hours (avoid a.m. and p.m. rush hours) by asking to speak to the NAFTA officer.

Canadians arriving in the U.S. by air are advised to contact the NAFTA office at the Canadian airport from which they will be departing to ask for instructions. Each NAFTA office has its own procedures. Depending on the airport, it may be necessary to submit materials for the TN application several days in advance.

Things to consider (per border officials)

• Does the letter contain a correct NAFTA job title?
• Does the letter contain a thorough description of the job duties?
• Does the letter contain dates of employment, not exceeding three years?
• Does the letter contain the salary and benefits?
• Does the applicant meet the NAFTA requirements for employment in the TN classification?
• Does the applicant have the required educational background for the TN classification?
• Does the applicant have the necessary license, if applicable?
• Is the applicant's educational background from a non‑U.S. university and has it been evaluated according to U.S. standards?

If the scholar is new to the University, is changing status from student to scholar, or is returning from a gap in employment, advise the scholar to meet in person with the WMU immigration officer prior to beginning or resuming employment at WMU.

Visit the Forms page for the following forms.

• TN Application Checklist
• TN Request Form (to be completed by hiring department
• Change of Address Notification