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Immigration and Visas

Other Visa Statuses

Other visa classifications may be used at the discretion of Mayo Clinic’s Legal Department depending on the specifications of the appointment and the individual’s circumstances. These other visa statuses may include E-3, O-1, TN, or B-1/B-2 status.

E-3 Australian Treaty Workers

The E-3 visa category applies only to citizens (not permanent residents) of Australia entering the U.S. in a “specialty occupation.”

A “specialty occupation” means an occupation that requires the theoretical and practical application of a body of highly specialized knowledge considered to be equivalent to the attainment of a U.S. bachelor’s degree or foreign equivalent in a specific field.

Jobs which have a minimum hiring requirement of a U.S. bachelor's degree or foreign equivalent in a specific field generally qualify for the E-3 classification. The potential employee must meet all the minimum hiring requirements of the position, including the degree(s) in the appropriate field, license, etc., and must prove with an equivalency evaluation that any foreign degree is equivalent to the required U.S. degree.

The E-3 classification can be requested initially for two years and extended in increments up to two years. The E-3 has an annual limit or cap set by Congress of 10,500 applications which applies to all principal E-3 nonimmigrants. This cap may affect whether an employer can obtain E-3 status for an employee.

Dependents

E-3 dependent spouses are allowed to work within the U.S.

To apply for employment authorization, a spouse must file a Form I-765 Application for Employment Authorization.

All dependents are permitted to study.

The E-3 employee must have met the minimum qualifications for the position at the time of applying for an E-3 U.S. Entry Visa. The Australia-U.S. Free Trade Agreement (AUSFTA) allows a maximum of 10,500 E-3s per fiscal year.

See E-3 Certain Specialty Occupation Professionals from Australia for more information.

O-1 extraordinary ability

To qualify for an O-1 visa in the sciences, education, business, or athletics, you must have either of the following:

  • Receipt of a major, internationally-recognized award (e.g. The Nobel Prize)

Or at least three of the following:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field for which classification is sought that require outstanding achievements, as judged by recognized national or international experts in the field
  • Published material in professional or major trade publications, newspapers, or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
  • Original scientific, scholarly, or business-related contributions of major significance in the field
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
  • Other comparable evidence

See O-1 Visa: Individuals with Extraordinary Ability or Achievement for more information.

TN NAFTA Professionals

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the U.S. in prearranged business activities for U.S. or foreign employers.

Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals. Mayo Clinic’s Legal Department will work with you on obtaining this status upon your appointment.

For the list of eligible occupations, visit the NAFSA website.

U.S. Citizenship and Immigration Services also has more information for TN NAFTA Professionals.

B-1 and Visa Waiver for Business (WB)

Detailed information can be found on the Department of State's Visitor Visa website.

These visa classes do not allow employment, but allow honoraria and per diem payments to be made, provided that the visitor's stay at the university is no longer than nine days and the visitor has not accepted reimbursements from more than five other institutions in the U.S. during the preceding six-month period.

B-2 and Visa Waiver for Tourism (WT)

Detailed information can be found on the Department of State’s Visitor Visa webpage. These visa categories do not allow employment.