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Employment of Foreign Nationals
Employment at Delta State University is subject to verification of an applicant’s eligibility for employment as required by immigration laws.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Foreign National: is a person who owes his permanent allegiance to a country other than the U.S. This usually means that the person is a citizen of another country. A foreign national is presumed to be a nonresident alien unless he/she meets either the Green Card Test or the Substantial Presence Test.
Employment at Delta State University is subject to verification of an applicant’s eligibility for employment as required by immigration laws. Applicants for employment at Delta State University may be asked whether they will be able to provide evidence of legal permissions to work in the U.S.
Offers of employment will be contingent upon the ability to obtain appropriate work authorization in a timely manner.
All non-citizens are required to submit copies of their permanent residence record card or authorization to work granted by the Immigration and Naturalization Service.
All employees holding F-1 or J-1 visas are required to submit evidence of authorization for employment (practical training). F-1 and J-1 employees should also submit a copy of their I-94 and I-20 or DS-2019 form.
Employees holding F-1 status with practical training may anticipate employment for up to one year. J-1 holders on academic training may expect permission for up to 18 months of employment. (Requests for extension of permission for practical training must be made to US Citizenship and Immigration Services through the institution formerly attended.)
New employees or those who may be employed beyond the period of practical training may request sponsorship for an I-129H Petition and Request for H-1B Status. The process should be initiated by the employee’s department five to six months prior to the expiration of practical training or the intended start date of employment. H-1 status may be granted for a three-year period and renewed for an additional three years. The process for extensions, amendments, and transfers is similar to the initial application process. The difference is that the petition has to be filed with the US Citizenship and Immigration Service before the start date of the extension or new position. The University is required to pay the filing fee.
Employees hired for tenure-track positions may request that the University apply on their behalf for permanent residence. A Liquidated Damages Agreement must be completed by the University and the employee before the application for permanent residency can begin. The United States Department of Labor requires employers to pay the costs for preparing, filing, and obtaining labor certification (including attorney’s fees) with respect to this process. An employer is prohibited from transferring to the foreign national beneficiary any costs in the labor certification process. However, the rule still allows the foreign national to pay his or her own legitimate cost in the labor certification process, but where the attorney represents the employer and the foreign national, the employer must pay the attorney’s fee.
Responsible Party and/or the Policy Owner: Office of Human Resources
Policy Revised: 04/14/2014
Approved by Cabinet: 04/28/2014