Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.15.4 Hiring of Foreign Nationals

4.15.4 Hiring of Foreign Nationals

A. Purpose

The purpose of this policy is to provide The University of Texas at Tyler (UTT) procedures that are consistent with federal law for hiring foreign nationals.

B. Persons Affected

This policy applies to all employees who may be involved in the recruitment, hiring or processing of the appointments of faculty and staff who are foreign nationals. The procedures for filling positions that require student status as a condition of employment and those individuals under exchange visitor programs are established by the Office of International Programs, the office authorized to grant employment authorization through designated school officials.

C. Definitions

Non-immigrant Visa – A visa issued to a person with a permanent residence outside the United States (U.S.) but who wishes to be in the U.S. on a temporary basis. Examples of non-immigrant visa types typically petitioned for by UTT for the employment of foreign nationals are H-1B, TN, J-1, O-1, and E-3. A visa issued to a person with a permanent residence outside the United States (U.S.)

H-1B visa – The US H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa, a US employer can hire a foreign worker for up to six years.

TN visa – The non-immigrant North American Free Trade Agreement (NAFTA) TN visa allows citizens of Canada and Mexico to work temporarily in the United States in certain occupations.

O-1 visa – The O-1 temporary worker visa status is designated for individuals of extraordinary ability in the sciences, education, business, arts or athletics and individuals of extraordinary achievement in the motion picture and television industries.

E-3 visa – The E-3 is an attractive alternative to H-1B status for an Australian national who is coming to the U.S. with a spouse who hopes to work in the U.S.

Permanent Immigrant Visa – The visa issued to a person to reside permanently in the U.S.

D. Policy

1. In accordance with provisions of the Immigration Reform and Control Act (IRCA) and applicable federal regulations, UTT will only hire and continue to employ individuals who are authorized to work in the United States.
2. UTT visa sponsorship for employees is reserved for employees in positions that directly support the teaching and research mission of UTT. Job titles eligible for both non-immigrant status and immigrant/permanent resident status are shown in the following table: 

   Job Eligibility for nonimmigrant status and Immigrant/Permanent Resident Status* 

   	Job Title	Eligible for H1B	Eligible for Permanent Residency
   Academic Titles	Professor	x	x
   	Associate Professor	x	x
   	Assistant Professor	x	x
   	Clinical Professor	x	x
   	Associate Clinical Professor	x	x
   	Assistant Clinical Professor	x	x
   	Senior Lecturer	x
   	Lecturer	x
   	Instructor	x
   Research Titles	Research Scientist	x	x
   	Senior Research Scientist	x	x
   	Research Engineer	x	x
   	Senior Research Engineer	x	x
   	Research Associate	x	x
   	Postdoctoral Fellow	x
   	Senior Research Fellows	x
   	Research Fellow	x
   	Project Director	x	x
   Librarian Titles	Professional Librarian	x	x
   Classified Titles	Research Engineering/Scientist Associate III-V	x	x
   	Social Science/Humanities Research Associate III-V	x	x

   *Requests for exceptions to this policy are made in writing by the department head to the respective Executive Vice President. The request must first be routed through the Office of Human Resources for review. The factors that would justify such an exception need to be fully explained.  

3. Permanent resident petitions (“green card”). Only full-time employment of indefinite duration meets the legal criteria for lawful permanent residence. Part-time employment and employment with a fixed duration does not qualify for permanent residence. In most cases, UTT will pursue permanent residence for a foreign national after the first semester (in the case of faculty) or at the end of their probationary period (in the case of classified employees). 

   For the Health Science Center at UT Tyler, permanent resident petitions must be approved by the department head. The request must first be routed through the Office of Human Resources for review.

4. UTT will only support petitions that are in the institution’s best interest and that it or its duly authorized agents have prepared. The Office of Human Resources is responsible for the filing of temporary worker petitions (H-1B), (TN), (0-1), (E-3) and for signing labor certifications and immigrant/permanent resident petitions. An attorney is only authorized to represent UTT if approved by The University of Texas System Office of General Counsel in accordance with procedures established by the Texas Attorney General. Privately retained attorneys do not have the authority to represent UTT; therefore, a hiring official must not sign a G-28 (Notice of Appearance) allowing a private attorney to represent UTT. Further, to the extent that a beneficiary of a UTT petition hires his or her own attorney to represent personal legal interests that individual is solely responsible for the payment of the legal fees under that agreement.
5. Hiring officials must not authorize individuals who are awaiting employment authorization or whose work authorization has expired to work or serve as volunteers.

E. Procedures

1. Consultation with the Office of Human Resources.  Hiring officials should consult the Office of Human Resources with any questions related to the immigration status of prospective and current foreign employees.
2. Employment Petition. The departmental hiring official or representative should notify the immigration representative in the Office of Human Resources early in the hiring process if a foreign national will need work permission, as the application process can take several weeks because of its complexity and federal regulatory requirements.

   Unless there is a legal requirement for a particular position, citizenship status shall not be used as a basis for discriminating against a foreign national. Federal law governs the employment of a foreign national. A member may not request documentation that a person is eligible to work in the United States until a contingent offer of employment has been made. Each offer of employment should state that employment is contingent on the applicant’s ability to provide employment eligibility documentation required by federal immigration laws. 

   The department leader of the hiring department proposing to employ a foreign national shall ensure that the proposed employment complies with all U.S. export control laws and regulations as indicated in UT System Policy 173, Export Controls.

3. Filing Fees. Filing fees and legal fees that UTT is required to pay will be paid by the sponsoring department. Fees for dependents will not be paid by UTT; the individual will be responsible for paying those fees. For an estimate of fees, please contact the immigration representative in the Office of Human Resources.

4. Documentation Supporting Petition.  Applications for H-1B temporary worker status require submission of a Labor Condition Application to the U.S. Department of Labor and an I-129 petition to the U.S. Citizenship and Immigration Services. The departmental hiring official or representative must provide the immigration representative in the Office of Human Resources the information required to complete these forms. For H-1B petitions, the hiring unit must pay the prevailing wage for the position as determined by the National Prevailing Wage Center (NPWC). 

5. Visa Applications.  Once an employment petition is approved, the beneficiary is responsible for filing the visa application. Appointment arrangements for U.S. embassies and consulates, additional security clearances based on citizenship and gender, and extra scrutiny of individuals who work in areas on the expanded Technology Alert List (a list of sensitive fields of research compiled by the federal government that require clearance), may cause unpredictably long delays in securing the proper visa to enter the United States. The individual visa holder is responsible to ensure that he or she obtains status in a timely manner and maintains status for continued employment at UTT.

6. Hiring officials must promptly notify the immigration representative in the Office of Human Resources of any change in employment including the termination of a foreign national. Once an employment petition is approved, the beneficiary is responsible for filing the visa application. Appointment arrangements for U.S. embassies and consulates, additional security clearances based on citizenship and gender, and extra scrutiny of individuals who work in areas on the expanded Technology Alert List (a list of sensitive fields of research compiled by the federal government that require clearance), may cause unpredictably long delays in securing the proper visa to enter the United States. The individual visa holder is responsible to ensure that he or she obtains status in a timely manner and maintains status for continued employment at UTT. 

7. Employment of Foreign Nationals Outside of the United States. UTT does not allow employees to work outside of the United States.