ByCatherine Walker

Foreign National Program Manager

EMPLOYMENTOF

FOREIGN NATIONALS

Department of Homeland Security

Department of StateDepartment of Labor

Departments and Agencies

Department of Homeland Security(DHS)

Comprised of three main organizations:

United States Citizenship & Immigration Service (USCIS) – Approve all petitions for U.S. visas

Customs & Border Protection (CBP) – Secure the Nation’s borders

Immigration and Customs Enforcement (ICE) – Investigative arm of DHS

Department of State

U.S. Embassies and Consulates: Located throughout the world

Embassies are located in the capital city of a foreign country

Consulates are smaller versions of an embassy and are generally located in large tourist cities within a foreign country

Both embassies and consulates can issue U.S. visas

Department of Labor

Office of Foreign Labor Certification (OFLC):

Process labor certification applications for employers seeking to hire foreign nationals

Ensure foreign nationals will be paid at least the prevailing wage rate within area of employment

Ensure foreign workers in the U.S. will not adversely affect job opportunities, wages and working conditions of U.S. workers

Eligibility for

Federal Employment

Laws & Regulations

The Federal Government may hire foreign nationals who meet the

following:

Immigration Law

Annual Appropriations Act; and Executive Order Restriction on Appointing Non-Citizens in

the Competitive Service

Excepted Service Appointments – must meet top two requirements

Competitive Service Appointments – must meet top three requirements

Immigration Law

U.S. employers may only hire an individual who is:

A citizen (either by birth or naturalization); Lawfully admitted for permanent residence; Lawfully admitted for temporary residence; An alien admitted or paroled into the U.S. as a refugee; An alien granted asylum; A fiancé, fiancée, child, or parent of an alien who was

admitted under certain conditions; An alien who is authorized employment with a specific

employer incident to status; (e.g., H-1B, J-1, F-1, etc.) An alien who meets other requirements that are listed in

the regulations

Appropriations Law

Current Appropriations Laws prohibits an Agency from using appropriated funds

to pay The compensation of any officer or

employee of the Government of the United States

whose post of duty is in the continental United

Statesunless such person:

Appropriations Law

is a citizen of the United States; is a person who is lawfully admitted for permanent

residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B);

is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible;

is a person who owes allegiance to the United States (for example, natives of American Samoa and Swains Island);

is a person employed as an international broadcasters by the Broadcasting Board of Governors;

Appropriations Law

is a person temporarily employed as a translators;

is a person temporarily employed in the field of service (not to exceed 60 days) as a result of emergencies;

is a nonresident aliens employed as wild-land firefighters for not more than 120 days by the Department of the Interior or the U.S. Department of Agriculture, U.S. Forest Service, pursuant to an agreement with another country; or

is a person who was an officer or employee of the U.S. Government on December 16, 2009.

ARS-230Name Check

A name check is basically a security check

Foreign nationals must complete and submit an electronic ARS-230

Foreign national cannot enter on duty until the ARS-230 has been approved

EMPLOYMENT DOCUMENTS

Employment Documents

Foreign nationals will need to have one of the

following documents to be employed:

Visa

Permanent Resident Card (Green Card)

Employment Authorization Document (EAD)

Form DS-2019

Visas

Classification Group:

Temporary Workers - H-1B, H-1C, H-2B

Visitors - B-1, B-2

Crewman - D-1, D-2

Academic Students - F-1, F-2

Exchange Visitors - J-1, J-2

NAFTA - TN, TD, TWOV

Visas

Visa utilized by the Agency:

E-3 Australian Specialty Occupation Worker

F-1 Academic StudentH-1B Temporary Workers in Specialty Occupations J-1 Exchange VisitorTN Canadian and Mexican Professionals under NAFTA

Visas

SPONSORED

E-3 – Australian Specialty

Occupation Worker

H-1B – Temporary Worker in

Specialty Occupations

TN – Canadian and Mexican

Professional

NON-SPONSORED

F-1 – Academic Student

J-1 – Academic Student

J-1 – Exchange Visitor

Visas

U.S. visa is issued by a U.S. Embassy or Consulate

U.S. visa allows foreign national to travel to a U.S. port-of-entry and request permission to enter

Can’t enter U.S. on expired visa

U.S. visa does not guarantee entry to the U.S.

Permanent Resident Card (Green Card)

Form I-551, “Permanent Resident Card”, is issued to all permanent residents as evidence of alien registration and their permanent status in the United States

Employment Authorization Document(EAD)

Work permit

Issued in one-year increments

Can’t begin work until validity date

Can’t work beyond expiration date

F-1 student obtains EAD to be employed for OPT purposes

Form DS-2019Certificate of Eligibility for

Exchange Visitor (J-1) Status

Employment document used to employ J-1 student for academic training purposes

J-1 student must obtain authorization for academic training from school official

Certificate contains a brief description of the student’s program; start and end date; etc.

ADMISSION TO THE

UNITED STATES

Travel to the U.S.

When arriving by air, flight attendants will distribute Customs Declaration Forms (CF-6059) and Arrival/Departure Record (I-94) to each passenger which he/she must fill out prior to landing at a U.S. port-of-entry

When arriving by land or sea, CBP Officer at the port-of-entry will provide passengers with CF-6059 and I-94

U.S. Ports-of-Entry

Ports-of-Entry include:

Airports Sea Ports Land Border Crossings

All persons arriving at a U.S. port-of-entry are subject to customs inspection by a Department of Homeland Security’s, U.S. Customs

and Border Protection (CBP) Officer.

Customs Inspection

During Customs Inspection,CBP Officer will:

Review travel documents (e.g., passport, visa, customs declaration, Form I-94, etc.)

Determine if the foreign national is eligible for entry

Determine the foreign nationals period of stay in the U.S.

Annotate foreign national’s Form I-94 with duration of stay

Form I-94Arrival/Departure Record

CBP Officer will annotate I-94 with:

Date the foreign national arrived in the U.S.

“Admitted Until” date that reflects the foreign national’s authorized period of stay

Visa classification

Foreign nationals that stay longer than the “Admitted Until” date are considered “Out-of-Status”

Failure to maintain status can result in arrest and affect prospects of readmission

Postdoctoral Research AssociatesPathways Student Interns

Pathways Recent GraduatesL/A’s

Excepted Service Appointments

Positions Eligible for Employment

Foreign nationals can be employed in the Following temporary, excepted service

positions:

Postdoctoral Research Associates

Pathways Students Interns

Pathways Recent Graduates

L/As

Postdoctoral Research Associate

To be employed as a postdoctoral research associate, foreign national must:

Be eligible for Federal employment

Possess a Ph.D.

Have one of the following:

Foreign nationals in J-1 visa status can be employed for academic training purposes with an endorsed DS-2019 form

Foreign nationals in F-1 visa status can be employed for optional practical training purposes with an Employment Authorization Document (EAD)

Foreign nationals in H-1B, E-3 and TN can be employed for temporary work purposes with a temporary worker visa

Pathways Student Intern

To be employed as a student intern, the foreign national must:

Be eligible for academic (J-1) or practical training (F-1)

Attending school

Have training approved by the designated school official

Obtain the appropriate employment document (e.g., EAD or SF-2019)

Pathways Recent Graduate

To be employed as a recent graduate, the foreign national must:

Be eligible for federal employment

Approved for practical or academic training

Obtains EAD

Serves on appointment limited to 1 year

Obtains U.S. citizenship prior to conversion to TERM or permanent

L/A Appointments

To be employed in an L/A position, the foreign

national must:

Be eligible for Federal employment

Have an EAD

VISAS

H-1B Visa

H-1B visa classification allows U.S. employers to temporarily employ foreign nationals in the U.S. on a nonimmigrant basis in a specialty occupation

Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent

This temporary worker visa can be used to employ foreign nationals in postdoctoral research associate positions

Foreign nationals must be eligible for federal employment

H-1B Visa

H-1B visa may be issued in increments of up to 3 years for a maximum stay of 6 years

The Agency petitions the USCIS for an H-1B visa on behalf of foreign national

Agency obtains Form I-797, “Notice of Action” from USCIS

Agency forwards Form I-797 to the foreign national

H-1B Visa

Foreign national schedules an appointment with a U.S. Embassy or Consulate

Obtains H-1B visa from U.S. Embassy or Consulate

Travels to a U.S. port-of-entry and request permission to enter

Compiles with conditions of status

E-3 Visa

E-3 visa classification allows U.S. employers to temporarily employ Australian nationals in the U.S. on a nonimmigrant basis in a specialty occupation

Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent

This temporary worker visa can be used to employ Australian nationals in postdoctoral research associate positions

E-3 Visa

E-3 is similar to the H-1B visa with a few additional benefits (i.e., spouse may work in U.S.)

Agency supplies offer letter

Australian nationals are responsible for obtaining their initial E-3 visa

24-month initial validity period which can be extended indefinitely but not permanently

TN Visa

The TN visa classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level

Professional level requires evidence of professional qualifications in the form of degrees, certificates, diplomas, professional licenses, etc. and include positions such as lawyers, engineers, scientists

TN Visa

This temporary worker visa can be used to employ Canadian and Mexican professionals in postdoctoral research associate positions

TN status can be issued in increments not to exceed a three year period

No limit on the number of times a person can apply for a TN visa

F-1 Visa

This visa classification is a nonimmigrant, full-time, student visa that allows foreign nationals to pursue an education in the U.S.

Students may be employed for practical training purposes while attending school or after completion of studies in the following excepted service positions:

While Attending School Pathways Student Interns

After Completion of Ph.D. Postdoctoral Research Associate Pathways Recent Graduates

F-1 student obtains EAD

J-1 Visa

This visa classification is for persons seeking entry into the U.S. to participate in an approved exchange visitor program for the purpose of teaching, lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training

J-1 Exchange Visitor Categories

The J-1 visa is an exchange visitor visa with several categories that include:

Student, college/university Specialist

Short-term scholar International Visitor

Trainee Government VisitorTeacher Camp CounselorProfessor Au PairResearch Scholar

Academic Training for J-1 Student

ARS may employ a J-1 student for academic training purposes

Student may participate during his/her studies;

or

Commencing not later than 30 days after completion of his/her studies

Student obtains signed DS-2019 from school official