Subject: Matters Involving ForeignNationals Employed by the University
Approval Date: 07/01/85
Revision Date: 03/26/87
To insure compliance with federal laws in regard to certification, petitions, immigration, and visa matters as related to any employment (regular or nonregular) of foreign nationals within the University.
The Office of Personnel Services is responsible for representing the University in signing all applications for labor certification as well as certificates, petitions, and visa forms for aliens employed by the University and their families.
PROCEDURE FOR EMPLOYMENT OF ALIENS:
The following procedure shall be followed when negotiating for the employment of an alien.
1. Before making a binding commitment concerning employment, the Dean or supervisor will inform Personnel Services of the intent to employ a citizen of another country. The Director of Personnel Services is responsible for determining whether or not the visa of the alien is such that the alien can be considered legally for University employment. (Because of visa restrictions, some aliens are not permitted to accept employment.)
2. The Office of Personnel Services has the responsibility for preparing and submitting petitions to the U.S. Department of Labor and to the Immigration and Naturalization Service, in accordance with the procedures established by the Department of Labor and the U.S. Department of Justice. Expenses to be borne by the employer will be paid by the hiring department/office. All other expenses will be the responsibility of the individual applicant.
3. When employment is approved, the Office of Personnel Services will notify the alien in writing of his/her visa or immigration status, indicating any time limits or conditions which might affect his/her employment and will outline any procedures to be followed by the alien in maintaining his/her status. A copy of this letter will be sent to the appropriate Dean or supervisor.
EMPLOYMENT OF SPOUSE AND CHILDREN OF ALIEN STUDENTS:
A spouse and/or children of aliens on J-1 visas must obtain written permission from the Immigration and Naturalization Service before being employed.
FEDERAL SOCIAL SECURITY:
All foreign nationals employed by the University are required to have a Social Security Number, but holders of F-1 or J-1 visas are not required to participate in Federal Social Security. However, federal regulations provide that holders of H-1, H-2, and J-2 visas must participate, and deductions for the Social Security Tax will be withheld from salaries accordingly.