Alternative Classifications Reviewed Individually
Depending on the position and the individual’s circumstances, CSUSB may consider employment-based nonimmigrant classifications other than H-1B for eligible international faculty, lecturers, and staff.
TN, E-3, and O-1 classifications have different eligibility requirements and processes. The availability of a particular classification depends on factors including citizenship, the position and job duties, required qualifications, immigration history, and university requirements.
TN classification may be available to eligible citizens of Canada or Mexico who will work in certain professional occupations recognized under the United States-Mexico-Canada Agreement.
Eligibility depends on the proposed position, job duties, the individual’s citizenship and qualifications, and whether the occupation appears on the applicable USMCA profession list.
At CSUSB, ISSS reviews the position and prospective employee before TN support is provided. When TN classification is appropriate, ISSS prepares or coordinates the required employer-support documentation and provides instructions regarding the applicable process.
E-3 classification may be available to eligible Australian citizens who will work in a specialty occupation. The position must satisfy the applicable specialty-occupation requirements, and the prospective employee must possess the required academic or equivalent qualifications.
An E-3 case requires a certified Labor Condition Application and supporting employer documentation. ISSS reviews the proposed position and prospective employee and, when E-3 classification is appropriate, prepares or coordinates the required institutional documentation.
CSUSB may consider E-3 classification instead of immediately pursuing H-1B sponsorship when E-3 is available and appropriate for the position and prospective employee.
O-1 classification may be available to individuals who can demonstrate extraordinary ability in their field through sustained national or international acclaim. O-1 cases require extensive supporting evidence and individualized legal analysis.
Faculty members or lecturers considering O-1 classification generally work with qualified immigration counsel. When the proposed O-1 employment involves CSUSB, ISSS must review the proposed strategy and coordinate any employer information, authorization, or signatures required from the university.
An employee or attorney should not submit documentation or make representations on behalf of CSUSB before the appropriate university review has occurred.
USCIS: O-1 Individuals with Extraordinary Ability or Achievement
Scope of Guidance
The information on this page provides general institutional guidance concerning CSUSB employment-based immigration processes. Federal eligibility for an immigration classification and CSUSB’s ability to support the proposed employment are separate determinations.
ISSS does not provide personal legal representation. Employees may consult qualified immigration counsel regarding individual immigration matters; however, any filing or documentation requiring CSUSB to act as an employer or petitioner must receive appropriate university review and authorization.