What is it? Known as work authorization for Temporary Specialty Occupation, an H-1B is a non-immigrant work authorization which requires sponsorship by an employer for workers in occupations that require an advanced degree.

What is the duration? 

• Up to six (6) years, three (3) years at a time.
• This may be extended if the beneficiary (employee) has an approved I140 while waiting for their adjustment of status.
• RPI applies for the longest possible amount of time.

Who can use it?

• Full-time faculty (one academic year or longer), and
• Full-time research staff (1560 hours or more within 12 months).
• Departments must be able to pay the prevailing wage for the occupation.
• Effective September 21, 2025, only foreign nationals that are present in the U.S. are eligible for RPI sponsorship of an H-1B.
• Candidates must be willing to forego any international travel while in H-1B status that is sponsored by RPI.
• Exceptions: Very rarely, foreign national candidates for positions other than faculty or research may be considered for H-1B sponsorship at RPI. The position in these cases must be full-time, professional, and require very uncommon skillsets. Contact the HR for more information at hrmail@rpi.edu.

Which positions are NOT eligible for H-1B Sponsorship?

• Positions not described above;
• Student workers;
• Non-exempt staff;
• Adjunct faculty;
• Part time positions that are fewer than 1560 hours in a 12-month period;
• Appointments that are less than one academic year; and
• Incumbents of positions that do not require a bachelor’s degree or higher.

How long does it take?

• Allow eight (8) weeks from the time the online offer is accepted, if the worker is currently in the U.S. 
  • This timeline assumes that the department and the worker respond promptly to requests from HR and immigration counsel, and that USCIS does not issue any additional requests that would delay the process.
  • RPI does not currently sponsor workers for H-1B if they are not already in the U.S.

Process:

1. Departments submit an offer card through the online applicant tracking system at least three (3) months before the proposed start date; six (6) months is recommended.
2. HR extends and the worker accepts the offer via the online applicant tracking system.
3. HR contacts the foreign national worker to assess their work authorization needs. If an H-1B is identified to be the suitable option.
4. HR sends an intake form and export control questionnaire to the hiring manager and the business or administrative staff person who provides support to the hiring manager.
5. The hiring manager completes and returns the intake form and export control questionnaire.
6. HR initiates an export control review.
7. HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna by providing the intake form, the CV, and the worker’s offer letter.

Important considerations:

• H-1B Travel Restriction: In September 2025, the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers imposed a $100,000 payment for H-1B beneficiaries who seek to enter or re-enter the U.S. in H-1B status. RPI will not pay this fee. Therefore, RPI will sponsor a worker for an H-1B only if the worker is already in the U.S. and if the worker agrees to remain in the U.S. for the duration of RPI’s H-1B sponsorship. The proclamation does not apply to H-1Bs that were filed prior to September 20, 2025.
• Early termination: The Immigration and Nationality Act renders a petitioner liable for the reasonable cost of return transportation for an H-1B, H-2B, O, and P beneficiary who is dismissed before the end of the period of authorized admission.

For additional background information about the H-1B visa, please visit the USCIS website or contact the Division of Human Resources at hrmail@rpi.edu.

What is it? Optional Practical Training (OPT) for F-1 Students is temporary employment that is directly related to an F-1 student’s major area of study.

What is the duration? Eligible students can apply to receive up to 12 months of OPT employment authorization after completing their academic studies (post-completion).  Any period(s) of pre-completion OPT will be deducted from the available period of post-completion OPT.

Who can use it? Students who are physically present in the U.S. and who are in F-1 status may apply for post-completion OPT.

How long does it take? Please allow three (3) months from the time the application is submitted till the time you receive your employment authorization document.

Process: F-1 students must work with their home school’s international student and scholar services department.

Important considerations:

• F-1 OPT students cannot work until they have received the physical card (Form I-766) and have presented it to HR for the completion of their Form I9.
  • STEM OPT Extension: Unfortunately, RPI cannot employ STEM OPT EAD cardholders.  See FAQ for additional information.
  • RPI does not allow F-1 OPT students to voluntarily perform work that would normally be performed by a paid employee.
  • Contact the Division of Human Resources at hrmail@rpi.edu at least three months before your initial OPT expires to discuss options for continued employment.

Visit http://info.rpi.edu/isss for detailed information about J-1 programs at RPI

What is it? The J-1 Exchange Visitor Program at RPI promotes professional, educational, and cultural exchange. The J-1 classification is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, or conducting research.

Some J-1 nonimmigrants enter the U.S. specifically to work while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program that is approved by the program sponsor.

What is the duration?  Depending on the program, J-1 exchange visitors may be in the U.S. for as little as six (6) months, and up to five (5) years.

Who can use it?

• Research staff; and,
• Non-tenure track faculty, especially those who are not offered a position on a regularly budgeted line.

How long does it take? Allow three (3) months from the time the offer card is received by HR.

Process: 

1. Departments must submit an offer card through the online applicant tracking system at least three (3) months before the proposed start date; six (6) months is recommended.
2. After the offer is extended and accepted via the online applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.
3. If J-1 is identified to be the suitable option:
   • HR will notify the department, the employee, and the Office of International Services for Students and Scholars (ISSS) and provide a copy of the offer letter to all.
   • HR will direct the department to the Office of ISSS website, Host Departments | International Services for Students and Scholars.
   • The department will need the offer letter to initiate the DS-2019 process therefore, the offer card must be submitted to HR to begin.
   • Export Control review will be initiated by the Office of ISSS.

Important considerations:

• Some J-1 visitors have a foreign residency requirement which requires two years of presence in their home country after completing the J-1 period of stay in the U.S.. J-1 foreign residency requirements, if not waived or complied with, may pose significant restrictions on the Exchange Visitor’s ability to change status in the U.S., such as the ability to apply for a green card or obtain a nonimmigrant visa such as an H-1B.
• J-1 status is not designed to facilitate progress towards lawful permanent residency. If long term immigration is part of the worker’s plans, J-1 status may complicate and lengthen the worker’s journey.

What is it? The O-1 Visa for Individuals with Extraordinary Ability or Achievement is for the individual who possesses, and who can document, extraordinary ability in the sciences and a variety of other fields.

The O-1A is for individuals with an extraordinary ability in the sciences and is the category in which some RPI foreign national workers may qualify.

What is the duration? 

• Three (3) years at a time; and,
• The O-1A can be renewed indefinitely IF:
  • There is ongoing work in the U.S. 
  • The work aligns with the worker’s area of extraordinary ability.

Who can use it?

• Full-time faculty (one academic year or longer); and,
• Full-time research staff (1560 hours or more within 12 months).
• The prospective worker does not have to be currently present in the U.S. 
• Exceptions: In rare cases, a leadership or high-level professional may qualify for sponsorship. Contact HR for more information at hrmail@rpi.edu.

How long does it take?

• The entire process, from job offer to receiving the approval notice can take up to four (4) months, if the candidate is in the U.S.; and,
• If the candidate is outside of the U.S., the process can take up to six (6) months or more.
• This timeline assumes that the department and the prospective foreign national worker respond promptly to requests from HR and immigration counsel, and that USCIS does not issue any additional requests that would delay the process.

Process:

1. Department must submit an offer card through the online applicant tracking system at least three (3) months before the proposed start date; six (6) months is recommended.
   • PLEASE NOTE – the start date may have to be modified, as the process may take longer than expected.
2. After the offer is extended and accepted via the online applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.
3. If an O-1A is identified to be the suitable option:
   • HR will send an intake form and export control questionnaire to the hiring manager and the business or administrative staff person who provides support to the hiring manager.
   • The hiring manager completes and returns the intake form and export control questionnaire.
   • HR initiates an export control review
   • HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna by providing the intake form, the CV, and the worker’s offer letter. .

Important considerations:

• Early termination: The Immigration and Nationality Act causes the petitioner to be liable for the reasonable cost of return transportation for an H-1B, H-2B, O, and P beneficiary who is dismissed before the end of the period of authorized admission.

• USA-Mexico-Canada Professionals (TN Visa) 

What is it? The U.S.-Mexico-Canada Agreement (USMCA), formerly known as the “North American Free Trade Agreement” (NAFTA), created special economic and trade relationships for the U.S., Canada, and Mexico.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level.

Process: Once a job offer has been accepted, HR will work with individuals from Canada or Mexico to determine if the TN visa is right for them.

• Employment Authorization Document | USCIS (EAD)

What is it?      An Employment Authorization Document (EAD) is not a single category, but a document that is produced as a result of a multitude of other immigrant or non-immigrant processes. Some of the reasons that a foreign national worker may receive an EAD include:

• The foreign national worker is authorized to work in the U.S. because of their immigration status or circumstances, such as being an asylee, refugee, or crime victim nonimmigrant and that foreign national worker needs evidence of that employment authorization. 
• The foreign national worker is required to apply for permission to work (that is, the individual needs to request employment authorization itself) because:
  • They have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
  • They have a pending Form I-589, Application for Asylum and for Withholding of Removal; or,
  • They have a nonimmigrant status or circumstance that allows them to be in the U.S. but does not allow them to work in the U.S. without first seeking permission from USCIS (such as an F-1 or M-1 student).

Process: 

• RPI will employ qualified individuals who have these documents and who have been selected for employment independently from their immigration or citizenship status.
  • RPI does not sponsor or pay for individuals to secure these non-employment-based statuses, unless this is the result of an RPI sponsored action. 
  • The Division of Human Resources will review the card to ensure eligibility to work at RPI.

For additional background information about Employment Authorization Documents, please visit the USCIS website or contact the Division of Human Resources.

What is it?: Lawful Permanent Residents (LPRs) are aliens who are lawfully authorized to live permanently within the U.S.. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They also may apply to become U.S. citizens if they meet certain eligibility requirements. There are several categories of Lawful Permanent Residency, including; family based, employment based, asylum, and others. 

Permanent Workers: Each year, the U.S. makes available approximately 140,000 immigrant visas for aliens (and their spouses and children) who seek to immigrate based on their job skills, and these are known as Employment Based (EB) lawful permanent resident categories.

Who is eligible? At RPI, the following positions may be eligible for sponsorship for EB lawful permanent residency:

• Tenured and Tenure-Track Faculty
  • Full-time, regularly budgeted Non-Tenure Track faculty (Lecturer, Sr. Lecturer, Professor-of-Practice);
• Full-time professional research staff in positions that meet current legal standards for "permanency:"
  • Position titles include, but are not limited to Research Associate and Research Scientist.
  • There is no official definition of “permanency” for externally funded positions. RPI has had successful petition outcomes in cases where the position was within a department that demonstrated at least three (3) years of prior funding history and secured funding projected for a minimum of eighteen (18) months.
• Exception: In rare cases, leadership, high level professionals, or professionals in positions requiring an especially uncommon skill set may qualify for Employment Based LPR sponsorship at RPI. Contact hrmail@rpi.edu for more information.

Positions that are not eligible for sponsorship for lawful permanent residency at RPI include, but are not limited to:

• Postdoctoral Research Associates (by definition, postdoc appointments are not permanent);
• Adjunct Faculty;
• Part-time faculty, researchers, or staff (part time being less than 1560 hours in a calendar year;
• Non-exempt (hourly) positions;
• Positions not requiring an advanced degree;
• Non-research fixed-term, temporary positions;
• Non-research positions that are funded externally; and,
• Research positions that cannot demonstrate reasonable expectation of ongoing funding.

How long does it take? This timeframe varies widely, with the majority of eligible RPI employees receiving a “Green Card” somewhere in the three (3) to eight (8) year range.

Process

1. HR Initiates case with immigration attorney using the time frame described here:

• Tenured and tenure-track faculty:
  • HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna at the time of hire.
• Non-tenure track faculty (regularly budgeted only):
  • HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna after the first semester.
• Research Staff (other than Postdoctoral Research Associates):
  • After 90 days of successful job performance, HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna.

2. Immigration attorney evaluates options:

• The attorney collects the CV, the publications and citations list, information about achievements, awards, and other distinctions, the job description, and other information from the foreign national worker.
• The attorney performs an analysis of the worker’s credentials to determine which category or categories may be suitable.
• The attorney makes a recommendation to HR.

3. HR approves the recommendation:

• HR then selects the option that best fits the following criteria, and in the following order:
  1. Option that is most likely to be successful.
  2. Option that will take the least amount of time.
  3. Option that is the least expensive.

4. Immigration attorney partners with the worker and HR:

• The next step varies widely depending on the type of green card.
• In all cases, the immigration attorney will provide a timeline and a series of deadlines

No. RPI's participation in E-Verify does not qualify the Institute to employ individuals with the STEM OPT extension. RPI may consider sponsoring the worker for an H-1B, an O-1A, or a J-1.

RPI is a federal contractor and participates in the E-Verify program as required, on a limited basis. This level of participation does not allow RPI to employ individuals with a STEM OPT extension.

Not for petitions where RPI is the petitioner. In such cases, the worker is named as the beneficiary of the petition, and RPI is responsible for hiring the attorney. Individuals who are eligible for self-petition are encouraged to contact hrmail@rpi.edu prior to hiring their own attorney.

• RPI generally uses and pays for premium processing for all first time I-129 petitions (non-immigrant petitions).  This includes H-1B and O-1A. 
• Ports from prior employers and extensions of existing H-1Bs may not be premium processed, allowing the institute to save money by taking advantage of rules that do not require an approval notice for the beneficiary to be allowed to continue working.
• RPI does not permit faculty or staff to pay their own premium processing fees.
• In cases where an I-140 (an immigrant petition) is required, a case-by-case basis evaluation is required, taking the following into consideration:
  • Will premium processing save time?
    •  Sometimes there is a backlog in the category, and having an approved I-140 doesn’t speed up the eventual receipt of the “green card”
  • Will premium processing increase the probability of a Request for Evidence (RFE)?
    • If it is the judgment of the immigration counselor that the petition may generate an RFE, RPI will not agree to premium process the petition.

• As early as possible, but at minimum a month in advance, contact the attorney (for H-1Bs), or ISSS Office responsible for your visa documents.
• Notify HR if you require a letter to support your visa application. Allow a minimum of week turnaround time.
• As a reminder, H-1B beneficiaries whose petitions were processed after September 21, 2025 may not travel internationally due to the 2025 presidential proclamation charging $100,000 to re-enter the U.S.
• Please see the FAQ about Administrative Processing to understand possible delays in your ability to return the U.S. in a timely manner.

• Please immediately send an email to hrmail@rpi.edu with all information that was provided to you by the immigration officer. RPI’s immigration counsel will assist with preparing a response for the officer.
• Most administrative processing cases are resolved within three (3) months. Some are cleared within two (2) weeks; others take six (6) months or more
• The following is from the USCIS website for information about Administrative Processing:
  • “There are only two possible outcomes for complete and executed U.S. visa applications (absent a visa sanction against a country under Section 243(d) of the Immigration and Nationality Act). The consular officer will either issue or refuse the visa. 
  • If a visa applicant has not established that he or she is eligible for a visa, the consular officer must refuse that application. 
  • However, in accordance with Department procedures, a consular officer may determine that additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa. 
  • In such cases, refused visa applications warrant further administrative processing. Upon completion of the case-specific administrative processing, the consular officer might conclude that an applicant is now qualified for the visa for which he or she applied. 
  • Alternatively, the officer may conclude that the applicant remains ineligible for a visa. 
  • When administrative processing is required, the consular officer will inform the applicant at the end of the interview. The duration of the administrative processing will vary based on the individual circumstances of each case. 
• The following information about Refusal Under 221(g) is also from the USCIS website: 
  • When an applicant is refused under 221(g), it means the consular officer determined that the applicant was not eligible for a visa after completing and executing the visa application and any required interview.
  • It is possible that a consular officer will reconsider a visa application refused under 221(g) at a later date, based on additional information or upon the resolution of administrative processing, and determine that the applicant is eligible. 
  • When a consular officer refuses a case under 221(g), she or he will convey to the applicant whether the applicant is required to provide any further documentation or information, or whether the case requires additional administrative processing.

• Information on the requirements for visa holders to acquire a driver's license in the state of New York can be found at the website for the New York Department of Motor Vehicles (DMV).
• If you are a faculty or staff member and you still require assistance after reviewing the DMV information, please contact the Division of Human Resources at hrmail@rpi.edufor assistance.

If you are a faculty or staff member, contact the Division of Human Resources at hrmail@rpi.edufor assistance.

RPI is a “cap-exempt” organization, meaning that the Institute does not have to apply through the lottery for the limited number of H-1Bs that are available nationally.

By definition, a postdoctoral research associate is not a permanent position. As a result, you must first work with your supervisor to pursue a promotion into a long-term position. 

• Promotions are separate from the immigration process. 
• Promotions may occur in two ways:
  • Position reclassification:
    • Reclassification occurs when a position has evolved to a higher level, and the incumbent has grown to meet the expanded responsibilities. Position reclassification is initiated by the supervisor
    • The supervisor will write a new position description and submit it, along with a request memo and reclassification form to their portfolio leader (typically the Dean or the VP for Research) for review. 
    • If the portfolio leader agrees with the supervisor’s recommendation, it is then sent to HR for review, approval and processing. 

    • Once the reclassification process is complete, and the worker has received a letter confirming the new title and position responsibilities, the worker may contact the RPI HR Immigration team at hrmail@rpi.eduto request the initiation of a green card review. 

       

  • Applying for a posted position:
    • The worker applies for a higher level posted position in the applicant tracking system (currently PageUp). 
    • If the worker is extended an offer for the position, and after they have received a letter indicating their new title and pay details, the worker may contact the RPI HR Immigration team at hrmail@rpi.eduto request the initiation of a green card review.. 

U.S. immigration regulations permit continued work for some EAD categories but not for all. Please contact the Division of Human Resources at hrmail@rpi.eduto verify whether you are eligible to continue work on a pending EAD renewal/extension.

• This is the final step in the green card process. Filed using Form I-485, Application to Register Permanent Residence or Adjust Status, this process is used to apply for lawful permanent resident (Green Card) status when you are present in the United States.
  • In cases of employment based Green Card, this can be filed at the same time as the I-140 if the foreign national worker has a current priority date.
  • If the priority date is not current, the I-485 will be filed once the date is current.

• RPI does not pay for the medical appointment, and these examinations are not covered by health insurance. 
  • The medical exam is typically required in order to file Form I-485, Application to Register Permanent Residence or Adjust Status.
  • If you are required to undergo an immigration medical examination, see the myUSCIS Find a Civil Surgeon page for help finding a designated physician (known as a "civil surgeon"). 

There is no premium processing option available for the green card application portion of the process. U.S. Citizenship and Immigration Services (USCIS) will only expedite the process for the reasons outlined in the section entitled “How long does adjustment of status take?” 

1. After RPI files the Immigrant Petition for Alien Worker (I-140) and it is approved by USCIS, the worker is assigned a priority date. Once the priority date is current, the processing time for employment-based green card applications (Adjustment of Status or I-485) typically ranges from 11 to 30 months, depending on the USCIS regional office and the worker’s case complexity.
   1.  At the end of this process, one of two outcomes will occur:
      1. Interview waiver issued: USCIS may approve the worker’s green card without requiring an in-person interview. This is becoming increasingly common for employment-based cases, especially the  application is straightforward, all documentation is complete, and there are no concerns regarding admissibility or fraud. USCIS makes this determination based on the overall merits of the case.
      2. Interview required: The worker will receive a notice scheduling an interview at the local USCIS regional office. Interviews are generally required when USCIS needs clarification, wants to verify information, or when specific aspects of the case require additional review. During the interview, USCIS will discuss employment history, the worker’s relationship with the sponsoring employer, and general admissibility.