Guide to Hiring Foreign National Employees

FORDHAM UNIVERSITY OFFICE FOR INTERNATIONAL SERVICES

Guide to Hiring Foreign National Employees

FORDHAM UNIVERSITY – OFFICE FOR INTERNATIONAL SERVICES

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QUICK PAGE REFERENCE

IF YOU ARE HIRING A:

F-1 FORDHAM STUDENT SEE PAGES 4-5

F-1 ON CPT SEE PAGES 6-7

F-1 ON OPT SEE PAGE 8

J-1 SCHOLAR SEE PAGES 9-10

H-1B & O-1 SEE PAGES 11-12

TN SEE PAGES 13


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What is a foreign national? A foreign national (or non-immigrant) is any individual who is not a citizen of the host country, so for our purposes, it would be anyone who is not a U.S. citizen or permanent resident.

What is a visa? When a foreign national decides to come to the U.S. for any reason, they must inform the U.S. government of the purpose for their stay. Based upon that purpose, the foreign national will request a visa from a U.S. consulate abroad that reflects their intentions during their stay. Most visa requests require the foreign national to provide evidence from the U.S. host that confirms their stated intent. Upon satisfactory evidence of a foreign national’s purpose for visiting the U.S., the foreign national will be approved for the appropriate visa by the U.S. consulate abroad.

WHAT ARE THE MOST COMMON VISA CATEGORIES YOU MAY COME ACROSS DURING THE HIRING PROCESS??

VISA CATEGORY PURPOSE F-1 A foreign national who is a full-time student studying here in the U.S. towards a

degree/certificate J-1 A person here for cultural exchange: That may be to teach, to share a special

skill, to conduct research, to earn a degree, or to participate in a student exchange program

H-1B A foreign national hired for a “specialty occupation” for which an advanced degree is required

TN A foreign national is a citizen of Mexico or Canada that holds a degree in certain professions

O-1 A foreign national has extraordinary ability R-1 A foreign national is here to work in a religious capacity

Note: This not a complete list of visa categories. If you encounter anything other than these, you are advised to contact OIS for guidance.

What is status?

After a foreign national is granted a visa, they will then make plans to travel to the U.S. After arriving, U.S. Customs will review the foreign national’s visa that was issued by the U.S. consulate/embassy (along with other documents) to determine the proper status for entry. It is important to note that while a foreign national is present in the U.S., the person’s status is what matters, not the visa that is in their passport.


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Visa vs. status: Why the difference matters It is possible that at some time during their stay, a foreign national may have changed the purpose of their stay while here in the U.S., which may mean that they needed to change their status. This may be accomplished by filing paperwork from within the U.S., which would not involve a U.S. consulate or customs, so a foreign national may not have a visa in their passport that reflects their current status.

A few examples: A foreign national first came to the U.S. as an F-1 student to study for a degree in Economics. The student earns a doctorate degree, and now wants to work in the U.S. Fordham University has hired them to teach classes full-time and we file a petition to secure H-1B status for employment authorization. Though the foreign national’s status has changed from F-1 to H1B, his/her visa in their passport will not be for an H-1B visa; they will still have an F-1 visa in their passport. Which matters??……..the documents that determine status, not their visa! A foreign national earned an accounting degree abroad and came to work for an IT company here in the U.S. as an H1B worker. While he is here working, he gets accepted to Fordham University to study full-time for a Master’s degree in information systems. The foreign national changes his status from that of a specialty worker (H-1B) to that of a student (F-1). An application is submitted by OIS and approved by USCIS without the student leaving the U.S. Though the individual’s passport will have an H-1B visa, they are now in F-1 status. Which matters??……..their documents that determine status, not their visa!

If a foreign national indicates on their employment application that they will need work authorization, please remember

• The University does not sponsor work authorizations (e.g. H1Bs) for part-time employment. The individual must have/be able to obtain their own work authorization in order to be employed by the University.

• For full-time faculty and administrators, please contact OIS as soon as possible to discuss possible employment options.

I-9 verification – What to look for

After confirming a foreign national’s status, you will need to make sure that the individual can be employed by the University. Every status has its own stipulations regarding employment, so there is no one standard for documentation. For guidance, you should consult the corresponding pages for guidelines on what information you should be looking for when verifying I-9s.

By law, you cannot request specific documents from a new hire to satisfy I-9 requirements. This guide however, outlines what the “List of Acceptable Documents” should look like. However, please know that it is almost impossible for foreign nationals to meet these requirements without supplying the documents mentioned in the guide.

Tip #1: When inquiring about work authorization, the proper question to ask a foreign national should always be “What is your current status?” From there you can determine the documents you should be looking for to confirm that the individual presents proper work authorization documents that relate to their status. Looking at the visa in the individual’s passport may mislead you!


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If the individual’s visa status is F-1………………

and they are a FORDHAM STUDENT who will work on-campus:

• Students are allowed to work on-campus with no special work authorization needed. Therefore, your goal in satisfying the I-9 requirement is to verify that the foreign national is indeed a current Fordham student in valid F-1 status.

• F-1 students can work on-campus for up to 20 hours when school is in session, and up to full-time during the times when classes are not in session (e.g. summer, winter break).

Satisfying I-9 requirements for Fordham F-1 students Page 9 - List of Acceptable Documents

a) New hire should provide an I-20, unexpired foreign passport, and I-94 (a white card) or I-94A (the student can get/print this online) Note: If the student doesn’t have a copy of his I-94A, instruct them to obtain one at cbp.gov/i94

b) Inspect the I-20 to make sure that it is for an F-1 student at Fordham University (see circles 1-3 on the sample I-20 below)

c) Make sure the “Program End Date” in the Program of Study section (circle 4 below) indicated on the I-20 has not passed, and that the I-94(A) lists the entry status as “F-1.” Note: On the I-94 record, D/S = duration of status – This means that the student is in valid status until the Program End Date” indicated on the I-20.

d) Confirm that the name is the same on all documents e) Complete page 8 of I-9 form and copy documents

• Document titles for List A i. Foreign passport ii. I-94 record


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Sample of new I-20 for a Fordham Student

Sample of old I-20 for a Fordham Student

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If the individual’s visa status is F-1………………

and they are not a FORDHAM STUDENT:

• The student will have to communicate with their school of attendance regarding obtaining work authorization in order to be employed by Fordham. Since they will be working outside of their home school, employment at Fordham will be considered off-campus employment. F-1 students have two ways to obtain off-campus work authorization:

CPT (Curricular Practical Training) – approved and granted by the student’s school of attendance.

Satisfying I-9 requirements for F-1 students using CPT Page 9 - List of Acceptable Documents

a) New hire should provide an I-20, unexpired foreign passport, and I-94 (a white card) or I-94A (the student can get/print this online) Note: If the student doesn’t have a copy of his I-94A, instruct them to obtain one at cbp.gov/i94

b) Make sure the “Program end date” in the Program of Study section indicated on the I-20 has not passed.

c) Check “Student Employment Authorization” section of I-20 (page 3) and confirm that Fordham University is listed as an authorized employer for the period of employment needed (see sample below)

d) Review all of the documents to make sure that the name is the same on all documents e) On the I-94 record, D/S = duration of status – This means that the student is in valid status until the

“To” date indicated on the I-20 f) Copy documents and complete page 8 of I-9 form

• Document titles for List A i. Foreign passport ii. I-94 record iii. I-20 (all pages)


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OPT (Optional Practical Training) – prepared by student’s school of attendance, processed and approved by USCIS.

• Foreign nationals with an approved OPT will be issued and EAD (Employment Authorization Document) card.

• The foreign national must have the card in hand. A notice of approval is not sufficient!

Satisfying I-9 requirements for F-1 students on OPT Page 9 - List of Acceptable Documents

a) New hire should provide an EAD card and check the validity dates. Note: The foreign national is only authorized to work during the time period indicated on the EAD card.

b) Copy document and complete page 8 of I-9 form • Document titles for List A

i. EAD card

Tip #2: CPT is issued to current students who need work authorization for a position that will complement their academic studies. OPT is granted to students who have recently graduated and gives recent graduates work authorization in order to obtain work experience related to their newly attained college degree. Note: It IS possible, under special circumstances, for a student to receive OPT before they graduate. However, it is not the norm.


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If the individual’s visa status is J-1………………

• J-1 status has many different categories - see Section 4 of DS-2019 for category (sample below) • If the DS-2019 does not list Fordham as the sponsor or as the primary site of activity (see

sample), please contact OIS. We will communicate with the J-1 scholar’s sponsor regarding obtaining proper work authorization.

• There are special conditions regarding employment for J-1 students so please contact OIS for guidance when hiring a J-1 student.

Satisfying I-9 requirements for Fordham J-1 visitors Page 9 - List of Acceptable Documents

a) New hire should provide a DS-2019, unexpired foreign passport, and I-94 (a white card) or I-94A (the foreign national can get/print this online) Note: If the foreign national doesn’t have a copy of their I-94A, instruct them to obtain one at cbp.gov/i94

b) Make sure the “To” date in Section 3 of the DS-2019 (see below) has not passed and will cover the period of employment, and that the I-94(A) lists the status as “J-1” Note: On the I-94 record, D/S = duration of status – This means that the foreign national is in valid status until the To” date indicated on the DS-2019.

c) Confirm that the name is the same on all documents d) Complete page 8 of I-9 form and copy documents

a. Document titles for List A i. Foreign passport ii. I-94 record

Note: OIS keeps records of all work authorizations. As evidence of work authorization is not always stated on the DS-2019, Human Resources will often check with our office for verification before completing the hiring process.


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If the individual’s visa status is H-1B or O-1….

• The appropriate office is notified when a new employee will need Fordham University H-1B sponsorship (OIS for instructional staff and Legal Counsel for all others). Most of the process for obtaining work authorization will not involve the hiring department, but you can assist by alerting OIS whenever you become aware of a new hire that will need H-1B sponsorship.

• H-1Bs are employer specific, so a new hire will need an approved H-1B stating Fordham University as the Petitioner for authorized employment.

• H-1Bs are only offered to full-time employees, though the University reserves the right to decide when (or when not) to offer H-1B status based on a variety of factors.

• Approved H-1B work authorizations are usually presented to Human Resources by OIS and/or the new hire, so you may not have to complete the I-9 verification process for most H-1Bs. But just in case…………

Satisfying I-9 requirements for H-1B & O-1 employees Page 9 - List of Acceptable Documents

a) New hire should provide an unexpired foreign passport, and original I-797 Approval Notice (green paper).

b) Look at the bottom right hand corner of the Approval Notice for an I-94 card. If the notice does not have an I-94, instruct the foreign national to present an I-94A. Note: If the foreign national doesn’t have a copy of their I-94A, instruct them to obtain one at cbp.gov/i94

c) Check the Approval Notice to confirm that it is for an H-1B (or O-1), the dates of authorized employment, and that Fordham University is listed as the petitioner (see sample below).

d) Confirm that the name is the same on all documents e) Complete page 8 of I-9 form and copy documents

• Document titles for List A i. Foreign passport ii. I-94 record


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If the individual’s visa status is TN………………

• Though you may see an I-797 Approval Notice, most TNs will obtain the status on their own when they enter the U.S. upon providing satisfactory evidence of education and employment in an approved field to U.S. customs.

Satisfying I-9 requirements for TN employees Page 9 - List of Acceptable Documents

a) New hire should provide an unexpired foreign passport, and original I-797 Approval Notice (see previous page) with an attached I-94 (green paper) or an unexpired passport with an I-94A. Note: If the foreign national doesn’t have a copy of their I-94A, instruct them to obtain one at cbp.gov/i94

b) Check the Approval Notice (if submitted) to confirm that it is for a TN, the dates of authorized employment, and make sure that Fordham University is listed as the petitioner (see sample below) or check the I-94A for TN status and validity dates.

c) Confirm that the name is the same on all documents d) Complete page 8 of I-9 form and copy documents

• Document titles for List A i. Foreign passport ii. I-94(A) record


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Additional information and Resources

PROCESSING FOR EMPLOYMENT AUTHORIZATION

STATUS ESTIMATED PROCESSING TIME F-1 Fordham student NONE

CPT 1 TO 2 WEEKS – processed by student’s school of attendance OPT 3 MONTHS – processed by USCIS

J-1 1 TO 3 WEEKS – processed by foreign national’s sponsor (which may or may not be Fordham University)

H-1B UP TO 4 MONTHS – prepared by OIS, processed by USCIS TN VARIES – dependent upon foreign national’s travel O-1 PROCESSED BY LEGAL COUNSEL

NOTE: This not a complete list of visa categories. If you encounter

anything other than these, you are advised to contact OIS for guidance.

I-9 form: http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

I-9 handbook: http://www.uscis.gov/sites/default/files/files/form/m-274.pdf

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

http://www.uscis.gov/sites/default/files/files/form/m-274.pdf