EMPLOYMENT OF NONRESIDENT ALIENS AT TEMPLE UNIVERSITY. A presentation offered jointly by The Office of Human Resources, The Office of International Services, and The Office of Payroll. MARTYN J. MILLER, SENIOR DIRECTOR JOAN McGINLEY, ASSISTANT DIRECTOR
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A presentation offered jointly by
The Office of Human Resources,
The Office of International Services, and
The Office of Payroll
INS: The Immigration and Naturalization Service is a branch of the U.S. Department of Justice which has authority over all aliens in the United States, including international students and scholars in F and J status as well as H-1B visa holders.
Program Sponsor: The agency or institution that issues an IAP-66. The Program Sponsor is indicated in Section 2 of the Form IAP-66
A non-resident alien must be able to show that s/he is legally eligible to work at Temple University. S/he will have either
F-1 visa holders who have been issued an I-20 by the Office of International Services
Students in J-1 status can work no more than 20 hours/week during Fall and Spring terms.
J-1 status is site-specific
If your department wishes to hire an exchange visitor in J-1 status who is ALREADY being paid by another Temple department, your department must contact OIS PRIOR TO ANY EMPLOYMENT. If a J-1 has an IAP-66 that states that s/he will work in Department X, s/he cannot be paid by Department Y without prior approval.
(d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.RESTRICTIONS ON VOLUNTEERING
H-1B (new, change of status) – Temple must submit a petition to the I.N.S. AND employment may not begin until the petition is approved by the I.N.S.
To secure H-1B status, OIS must file with the INS a petition for each employee. This process takes between four and six months. While an employee may work for more than one organization at the same time, each organization requiring his/her services must have petitioned the INS PRIOR to the individual beginning employment.
A H-1B visa holder may be authorized for employment for an initial period of up to 3 years. Extensions of stay may be requested for up to 3 more years. The maximum total stay in H-1B status is 6 years.
To qualify for H-1B status, the minimum academic requirement for a position is a Bachelor’s degree. The potential employee must also meet ALL requirements listed in the position posting sheet and job description.
Holders of Nonimmigrant Worker (O-1) Status: Aliens of Extraordinary Ability
The O-1 visa classification includes aliens who have attained national or international acclaim for extraordinary ability such that the individual has a high level of expertise (top in the field) in the sciences, education, business, and athletics.
OIS or an authorized attorney must petition to the INS for O-1 status. The nonimmigrant worker may not begin employment in O-1 status until s/he has been approved by the I.N.S. UNLESS s/he has another type of valid work authorization.Petitioning for O-1 Status
The TN classification was developed as part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities. Although developed for both Canadian and Mexican citizens, the visa classification is more suitable for Canadian citizens.
J-2 holders must request and receive from the INS an Employment Authorization Document (EAD Card) before accepting employment. This card is usually is granted for a period of no more than one year.
Please call our office if you are considering hiring someone in J-2 status.
B-1 status holders enter the U.S. for a brief period of time for BUSINESS purposes. Temple may only pay someone holding B-1 status for incidental employment lasting nine days or fewer, such as a lecture or brief consultation.
Holders of B-2 (Visitor for Pleasure) Status Are Prohibited from Any Employment
Temple University may NEVER employ someone in B-2 status. This person will need either to depart the U.S. and re-enter in an employable status or (if time permits) apply for a change of status before any employment is possible.