Hiring International Faculty and Staff
The Office of International Programs is reponsible for securing U.S. work authorization for all international employees at NDSU. Please be certain to contact the office as soon as possible in the hiring process. When bringing an international candidate for a campus interview,
it is ideal to schedule a visit to the International
Office.
Procedures
- NDSU Departmental
representative contacts International Faculty Adviser, (IFA),
to discuss available nonimmigrant status (visa) options.
- Department
works closely with IFA to obtain appropriate immigration documents
for desired nonimmigrant status.
- If the perspective employee is already inside the U.S., sponsorship for legal work authorization is transferred to NDSU upon approval from U.S. Immigration.
- If outside
the United States, the international person normally presents
the approved immigration documents at a U.S. Consulate to apply for a visa
to enter the U.S.
- Upon arrival
at NDSU, the international person meets with IFA to verify that
all immigration documents have been marked correctly by 1) The
U.S. Consular official 2.) The immigration officer at the port
of entry to the U.S.
- International
employee provides NDSU Payroll Office copies of immigration documents
to begin legal employment.
PLEASE NOTE: It is critical that persons outside the United States wait to apply for a U.S. Social Security Number until 10 business days have passed since they entered the U.S.
General
Information
The U.S. immigration system classifies persons inside the U.S. as citizens or aliens. Aliens are divided into two categories, immigrants and nonimmigrants. Immigrants are permanent residents/green card holders. Nonimmigrants are persons with temporary authorization to be legally present in the United States. The authorization is linked to the individual's purpose for being in the U.S. and is correctly referred to as a "nonimmigrant status". The term visa is often used somewhat incorrectly. A visa is a stamp placed in an alien's passport by a U.S. Consul abroad that allows application for entry to the U.S. The visa must match the nonimmigrant status. A visa stamp may be expired after entry to the U.S., however the underlying nonimmigrant status must remain valid at all times. Nonimmigrant status is reflected on the I-94 card (departure record). Nonimmigrant status can be changed inside the U.S. upon approval from U.S. Immigration. A new I-94 card will be issued as part of the approval notice. The visa stamp in the alien's passport will not change until they visit a U.S. Consul abroad and apply for an entry visa to return to the U.S.
Nonimmigrant Status: The two most common nonimmigrant statuses used at NDSU for faculty and scholars are
H-1B "Specialty
Worker" and J-1 "Exchange Visitor". The visa reference chart below contains a list of factors to consider
when proposing to hire or host an international professor or researcher.
Immigrant Status (Green Card): A green card allows an international person to stay indefinitely in the U.S. After five years as an immigrant (green card holder) based on employment, an immigrant may apply for U.S. citizenship. Permanent immigrant/green card status based on employment at NDSU is obtained by working closely with the International Faculty Advisor upon authorization by the hiring department.There is a unique route to an employment based green card designed specifically for university teachers. This is the preferred method used by NDSU for obtaining a green card on behalf of teaching faculty whenever the situation permits use of this option. However there are time limits related to the filing of this type of employment based immigrant petition and the position must have been advertised ON PAPER in a national journal. At NDSU the process for obtaining this type of green card must be initiated within 15 months of the date of the offer letter. Other options used by NDSU when sponsoring employment based permanent immigrant status are determined on an individual case basis.
VISA Reference Chart
Nonimmigrant
Status Appropriate Uses Procedures Limitations
H-1B Specialty
Occupation |
Tenure Track Faculty, Permanent Research Positions, Permanent Lecturers, Other Specialized Occupations. |
Department works with International Office in petitioning for Dept. of Labor (DoL) approval and subsequent Dept. of Homeland Security (DHS ) approval. Immigration document issued by DHS. If int’l person is outside U.S., an entry visa must be obtained at U.S. Consulate abroad. |
Six-year time limit.
Process of obtaining DoL and DHS approval can take three to four months $1000 “Premium Processing” option guarantees a 15-day response from DHS on an H-1B petition. Filing fee of $320 + add’l $500 for new employees, H-4 dependents can NOT work in U.S. |
F-1 Int’l Student on Practical Training (OPT) |
Typically used by international
post doctoral/post graduate students for initial employment after degree program. |
International Student applies through their own university for one year of work permission after studies. Permission issued by DHS in the form of an Employment Authorization Document (EAD card). |
One-year time limit without extensions. Time is needed to change to H-1B status before OPT work permission expires Therefore, the end date on the EAD card is crucial. |
TN Trade NAFTA |
Used for Canadian and Mexican citizens in specific professional positions. Teaching and research qualify. Certain positions may not qualify. |
After position has been determined to be appropriate use of TN status, Canadian citizens apply for TN status at the Port of Entry to the U.S. Mexican citizens must work with Int’l Office to apply for additional approvals from DoL & DHS. |
One-year time limit with unlimited extensions. Available to Canadian and Mexican citizens only. Does not apply to Canadian landed immigrants. TD dependents can not work in U.S. Non-Canadian TD's must apply for a visa at a U.S. Consul. |
J-1 Exchange
Visitor |
Used for positions of a temporary nature. i.e., grant funded research positions, visiting professors, hosting visiting scholars. |
Department works with Int’l Office. Int’l Office issues immigration documents after required information has been provided. Process takes about six weeks minimum depending on country. Entry visa often required as person is usually outside U.S. |
Five-year time limit.
Some international persons subject to Rule 212(e), the “two year home county physical presence requirement” after completion of program. J-2 dependents can work with authorization. |
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