7.11.3.1 Non-immigrant Status (Visas and Who Qualifies)

Per Chapter 8 of the U.S. Code of Federal Regulations, individuals in the following nonimmigrant categories, among others, are not eligible for MIT appointment, employment, or payment under any circumstances. MIT appointment, employment, or payment is not permitted unless/until the individual obtains an immigration status permitting such affiliation under the law.

  • B-2 (or WT) Visitor for Pleasure (Tourist)
  • F-2 Spouse or children of F-1 students
  • H-4 Spouse or children of H-1B, H-2, or H-3
  • TD Spouse or children of TN
  • O-3 Spouse or children of O-1

The nonimmigrant visa categories most commonly used for MIT research and teaching activities are discussed briefly in this section:

J-1 Exchange Visitor (Scholar)

H-1B Visa for Temporary Workers in Specialty Occupations

B-1 (or WB) Visitor for Business

F-1 and J-1 Students on Practical or Academic Training

TN Visa for Professionals who are Nationals of Canada and Mexico

O-1 Visa for Individuals of "Extraordinary" Ability

E-3 Visa for Australian Nationals who are Temporary Workers in Specialty Occupations

Individuals in derivative immigration status (“dependents” of the principal visa holder, such as J-2, E-2, L-2, G-2, G-3, G-4, A-2, etc.) may have official affiliations with MIT and may be placed on academic appointment only if USCIS work authorization is granted, regardless of whether the appointment will be compensated.

Page updated March 2023