Human Resources
Hiring Foreign
Nationals Policy &
Procedure
Hiring Foreign Nationals Policy & Procedure
Table of Contents
.01 Policy Statement ........................................................................................................................2 .02 Reason for Policy ......................................................................................................................2 .03 Recruitment Guidelines .............................................................................................................2 .04 Determining the Appropriate Visa Category .............................................................................3 .05 After the Hire .............................................................................................................................4
.06 Additional Information ................................................................................................................4
.07 Contact ......................................................................................................................................4 Last Changed: July 9,
5
2010
Effective Date: July 1, 2010
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Human Resources
Hiring Foreign
Nationals Policy &
Procedure
.01 Policy Statement
To provide managers with a policy and procedure for hiring foreign nationals. For purposes of this
policy, foreign nationals do not include those who hold permanent resident status (green card
holders) or those who have been granted employment authorization documents by U.S. Citizenship
& Immigration Services.
.02 Reason for Policy
The process for hiring foreign nationals differs significantly from hiring U.S. citizens. This policy is
intended to provide guidance on the hiring of foreign nationals and to ensure that all foreign hires
are in compliance with federal and state laws regarding nonimmigrant employment in the United
States.
.03 Recruitment Guidelines
In general, hiring foreign nationals is a significant commitment and requires the University to
designate both financial and administrative resources to the process. To that end, The Human
Resources Staffing and Recruitment Team will work directly with hiring managers to ensure that
the University maintains compliance in all aspects of the recruitment, hiring and sponsorship
process. Below are some general recruitment guidelines to be followed:
Recruitment Guidelines
Due to the significant financial commitment associated with employer-sponsored immigration
petitions, the University restricts the hiring of foreign nationals to full-time faculty and professional
administrative positions. With written request, part-time positions may be reviewed on a case-bycase basis.
Hiring departments are responsible for paying for all employment visa fees, as well as any
associated legal fees, for foreign national employees.
As an equal employment and affirmative action employer, Pace University considers carefully the
methods used for advertising open positions. Hiring managers who anticipate hiring a foreign
national and later sponsoring the individual for permanent residency should be aware that certain
advertisement requirements exist. It is important to note that if a foreign national is being
considered for a position and the hiring manager requires an in-person interview, the time to fill the
position may be longer than expected. If a visitor visa is required to bring a foreign candidate to
the U.S. for an interview, the time it takes to obtain the visa will vary based on the location of the
U.S. embassy and the appointment schedules.
The U.S. Department of Labor issues guidelines for determining the prevailing wage (average wage
paid to similarly employed workers in a specific occupation in the area of intended employment) for
positions. So as to not adversely affect the wages and working conditions of other Pace University
employees, the University is required to pay H-1B visa holders the higher of either the actual wage
paid to similarly skilled/experienced employees or the prevailing wage.
Hiring a foreign national requires a coordination of resources and expertise. It is expected that
departments will partner with Human Resources at the beginning of the recruitment process.
Preparation and coordination of responsibilities will help to ensure that foreign nationals who are
hired to work at Pace will obtain and maintain lawful status while at the University.
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2010
Effective Date: July 1, 2010
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Human Resources
Hiring Foreign
Nationals Policy &
Procedure
.04 Determining the Appropriate Visa Category
The federal Immigration Reform & Control Act requires all employers to verify that workers are
legally entitled to work in the U.S. The Human Resources Office will review the documents of all
new hires to verify (1) employee’s identity and (2) employment eligibility.
Foreign nationals who are offered employment at Pace University must obtain employment
authorization in the form of an employment-based visa before they begin work in the U.S. There
are several different types of visas depending on the position and the length of the assignment.
Below is a grid that identifies the visa categories that will most commonly be used to hire/pay
international employees holding staff or faculty positions at Pace University.
Visa Options To Hire/Pay International Employees TYPE OF VISA ELIGIBILITY CRITERIA PERIOD OF STAY IN US DOCUMENTATION NEEDED Invitation letter from Pace with dates of engagement and purpose of visit. Visitor must show proof of adequate funds to return to country of origin; as well as return ticket Copy of contract/offer letter Review from peer group. Proof of sustained international acclaim. B‐1 TEMPORARY BUSINESS or B‐2 VISITOR VISA Proof of academic or business purpose for visit to US. Primarily used for foreign visitors who come to U.S. to explore business options or participate in a lecture series. 1‐6 months, renewable for additional 6 months up to 1 year. O‐1 ALIEN OF EXTRAORDINARY ABILITY SCIENCES, ARTS, EDUCATION, BUSINESS Possession of professional degree & demonstrated extraordinary achievement in field 3 years with option to renew annually for an indefinite period of time. PERMANENT RESIDENCY Must possess a visa. Must have offer of permanent employment. Indefinitely. Certification from U.S Department of Labor. J‐1 EXCHANGE VISITOR IN SCHOLAR CATEGORY Invitation to teach, lecture or conduct research. Must have a minimum of a Bachelors Degree. 5 Years for Professor/ Research Scholar Proof of financial support in the US. Copy of employment offer letter. Last Changed: July 9,
5
2010
Effective Date: July 1, 2010
PROCESSING TIME Visitor must obtain the B1 / B2 Visa at the US Visa post in his/her home country of residency. If overseas, processing times will vary based on Visa post location and the availability of appointments. If overseas, processing times will vary based on Visa post location and the availability of appointments. SPECIAL CONSIDERATIONS B‐Visa holders can not receive salary. Honoraria may be given to visitors provided it is a gratuitous gift in recognition of a special event which last no longer than nine days. The hiring department is required to pay all fees associated with the labor certification portion of the permanent resident application, but not the fees associated with the U.S. Citizenship & Immigration petition & application. Page 3 of
Human Resources
Hiring Foreign
Nationals Policy &
Procedure
H‐1B TEMPORARY WORKER IN SPECIALTY OCCUPATIONS Possession of at least a B.S. degree. Position to fill must be one that requires a body of specialized knowledge. 6 Year maximum. Employer may only request 3 years at a time. 3 months or more. 15 days if willing to pay expedited processing fee. An individual cannot self‐
petition for an H‐1B Visa. Spouses are not eligible for work permission. * Note : F‐1 and J‐1 Student Visas are typically handled through the International Students and Scholars Office .05 After the Hire
Within three business days of the employee’s start date, Human Resources will meet with the
employee to ensure that the correct visa status and expiration date are recorded accurately on
the I-9 Employment Eligibility Verification form.
Sponsoring departments are required to closely monitor the status of all visa holders and
promptly communicate any changes in employment assignment, funding, employee address
changes, name changes, etc. that may affect visa status.
.06 Additional Information
For additional information regarding hiring foreign nationals visit http://www.uscis.gov
.07 Contact
Staffing & Recruitment Department - Human Resources (ext. 22730).
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2010
Effective Date: July 1, 2010
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Human Resources
Hiring Foreign
Nationals Policy &
Procedure
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2010
Effective Date: July 1, 2010
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