Section 4 - Employment Practices
Policy Number: 4.9 - EMPLOYMENT OF NON-CITIZENS
SCOPE: FACULTY AND STAFF Issued: 4/1/00
Revised: 1/1/09
1. Purpose: To comply with the provisions of the United States Immigration Laws governing the employment of immigrant and non-immigrant aliens (non-citizens).
2. Policy: It is the policy of the University to employ immigrant and non-immigrant aliens within the provisions of applicable federal laws and regulations. Immigrants are those who have been granted permanent resident status, but who are not United States citizens. Non-immigrants or aliens are those individuals who are admitted temporarily for purposes and periods of time.
Immigrants (permanent residents) can engage in all forms of employment.
3. Non-immigrant or Alien Status: Non-immigrants who wish to be employed by the University must provide documentation of current work eligibility issued by the United States Citizenship and Immigration Service (USCIS). The University will not be responsible for the alien’s application for work eligibility. Below are the most common types of work eligibility visas granted:
3.1 International students with F-visas: International students are aliens temporarily admitted to this country under United States Citizenship and Immigration Service (USCIS) rules, to study at a recognized educational institution approved by the Attorney General of the United States. International students can be identified by the symbol F-1 which appears on their visas (F-2 for spouses and children).
International students who are taking a full course of study may be offered on campus employment pursuant to the terms of a scholarship, fellowship, or assistantship deemed to be part of their academic program if related to their course of study. International students do not require USCIS permission to accept this kind of on-campus employment; however, the student's employment must not displace a United States citizen or permanent resident.
International students on F-1 status may, upon completion of their studies, apply for permission for employment for purposes of "practical training." Students who have been granted "practical training" status by USCIS may be employed in any position related to their field of study and only for the period of authorization.
The F-1 visa normally limits the number of hours international students may work to twenty (20) hours per week on campus during academic sessions. During the summer or other vacation periods, international students may work up to forty (40) hours per week. In order to work on campus at this University, the student must be enrolled at the University.
Spouses or children with F-2 visas may NOT be employed by the University.
3.2 Non-immigrants with J-visas: Non-immigrants with J-1 visas (J-2 for spouses or children) are students, scholars, trainees, teachers, professors, research assistants, specialists or similar persons temporarily admitted to this country under USCIS rules to participate in a program designated by the Secretary of State.
Non-immigrants with J-1 visas may be employed by the University if permission to work is obtained from their sponsors. Spouses or children with J-2 visas must have permission of USCIS to seek employment in the United States before they may be employed by the University.
3.3 Non-immigrants with H1B visas: Individuals with H1B visas are admitted to the United States as "workers of distinguished merit," "temporary workers," or "trainees." Their employment will terminate if their visa status changes such that they are no longer eligible to work under USCIS rules.
4. Benefit Eligibility: Non-citizens who are employed are eligible for the same benefits as are other employees in comparable positions.
Non-immigrants on F-1 visas who have been authorized to work may not be subject to social security withholding (FICA). All non-immigrants must pay income tax withholding.
Non-immigrants on H-visas are subject to social security taxes and income taxes.
5. Form I-9: To ensure that a prospective employee is a citizen of the United States or has authorization to work in the U.S., an agency must verify the identity and employment eligibility of, and complete Form I-9 for, all employees hired.
5.1 Verification is required for only those applicants who are hired.
5.2 Form I-9 must be completed within three business days of hire. If the individual is unable to present the required documentation within the three day period, the individual must present a receipt(s) reflecting his or her application for acceptable documentation within three business days of hire and present the documents within 21 business days of hire.
5.3 Non-immigrants or aliens will not be hired until documentation has been submitted to the Office of Human Resources verifying their current work authorization.
6. University Responsibility for Change of Status or Extension of Visa’s: The University will assist the international employee applying for a change of status or extension by providing the requested verification of employment or wage determination. The University will not be responsible for the completion of the application, which is the responsibility of the international employee.
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References:
Immigration and Nationality Act, as amended
The Mutual Educational and Cultural Exchange Act of 1961
IRS Publication 518, Foreign Scholars and Educational and Cultural Exchange Visitors
IRS Publication 519, United States Tax Guide for Aliens
Immigration Reform and Control Act of 1986
