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: 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: 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 the Green Card Test.

H-1B Visa: a temporary, nonimmigrant visa issued to a foreign national who has specialized educational credentials and who has been offered a position requiring the application of a theoretical and specialized body of knowledge acquired in his/her degree program.

F-1 Visa:  a non-immigrant visa for those wishing to study in the U.S. F-1 visa holders are eligible to apply for permission to work up to twelve months through Optional Practical Training in a field related to the field of study.

Permanent Resident or Resident Alien: alien who has been lawfully admitted to the U.S. to live; an immigrant; holder of a green card.

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 a F-1 visa are required to submit evidence of authorization for employment (practical training). F-1 employees should also submit a copy of their I-94 and I-20.

Employees holding F-1 status with practical training may anticipate employment for up to one year. . (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 H-1 visa. 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 exactly the same as 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.

Applications or petitions for Permanent Residency supported by DSU are normally reserved for individuals who are employed in tenure-track faculty positions or regular staff positions of similar status that require credentials similar to faculty positions and are expected to continue for an indefinite period of time. After one year of employment, individuals may request application for Permanent Residency through their department chair or supervisor.  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.

Faculty and staff of Delta State University are prohibited from authorizing any private attorney to represent the University in any nonimmigrant or immigrant petition or application. A foreign national may choose to retain an attorney to represent his/her interests.

Under no circumstances may any DSU employee knowingly employ or contract employment with a foreign national who does not possess valid work authorization documents; nor can a foreign national volunteer to perform any activity that benefits DSU without receiving or expecting to receive payment or remuneration of any kind for services rendered.

DSU does not sponsor the following individuals for employment-based visas:  students and support staff who do not require credentials similar to faculty positions.

HR continues to verify employment eligibility in the same manner as mandated by the federal government since November 1986 as outlined above.  In addition, effective July 1, 2008, the University participates in the federal E-Verify program administered by the Department of Homeland Security.  The University uses the E-verify program to confirm work eligibility status for all new employees.  Participation in this program is mandatory per SB 2988, also known as the “Mississippi Employment Protection Act” (MEPA).

Nothing in this policy shall be used as the basis for discrimination against any individual or group because of race, gender, sexual preference, age, color, religion, national origin, disability, or veteran status.

Responsible Office and/or Policy Owner: Office of Human Resources

Government Links:

• Mississippi Employment Protection Act (MEPA)
• US Citizenship and Immigration Services
• US Department of Labor
• US Department of State

Active

Change/Review/Approval Date:

• Policy Revised:  04/14/2014
• Approved by Cabinet:  04/28/2014
• Reviewed by Office of Human Resources: 02/11/2019
• Approved by Cabinet:  03/27/2019