Hiring Foreign Nationals

North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals

B1 Visitor for Business . Proof of academic or 6 months – renewable up to 12 Honorarium and/or . Submit request to invite visitor to Department . Department Head business purpose for visit to months reimbursement for travel and Head and Dean/Vice Chancellor . Dean/Vice Chancellor U.S. subsistence expenses, possible . If approved, provide letter of invitation to the . U.S. Embassy . Consult w/business . Visitor cannot be paid a foreign national visitor . Business & Finance (i.e. associates salary . Host department initiate the Authorization Purchasing /Accounts . Visitor is limited to 5 such Request for Independent Contractual Service Payable) . Participate in scientific, payments form US through Purchasing Office . Division of HR (visa educational, professional, institutions within 6 . Host department must provide Division of clearance/verification for or business conventions, months (NCA&TSU can Human Resources (DHR) with specific visit) – Foreign National conferences, or seminars be the 5th) information to verify visitors eligibility for (FN) Employment Manager . Undertake independent activity on campus research which provides o Copy of Invitation Letter outlining activity, no benefit to U.S. dates of visit, honorarium and/or travel institution expenses (as applicable) . Visit to U.S. Embassy to o Verification from visitor of valid passport and request visa for business intend to enter U.S. with B-1 for business . Must have a valid passport . Upon arrival, visitor must present original entry . Cannot stay longer than 9 documents and completed original Foreign days at any institution National Information Form to Host Department and DHR for activity clearance . Host Department submit all receipts and final paperwork to the Accounts Payable Office for honorarium payment/reimbursement disbursement

WB (Visa Waiver for Business) . Proof of academic or 90 days (3 months) – not Honorarium and/or . Submit request to invite visitor to Department . Department Head business purpose for visit to renewable or extended in U.S. reimbursement for travel and Head and Dean/Vice Chancellor . Dean/Vice Chancellor U.S. subsistence expenses, possible . If approved, provide letter of invitation to the . US Port of Entry Officer . Consult w/business . Visitor cannot be paid a foreign national visitor . Business & Finance (i.e. associates salary . Host Department initiate the Authorization Purchasing /Accounts . Participate in scientific, . Visitor is limited to 5 such Request for Independent Contractual Service Payable) educational, professional, payments from U.S. through Purchasing Office . Division of HR (visa or business conventions, institutions within 6 . Host Department must provide DHR with clearance/verification for conferences, or seminars months (NCA&TSU can specific information to verify visitors eligibility visit) be the 5th) for activity on campus . Undertake independent o Copy of Invitation Letter outlining activity, research which provides dates of visit, honorarium and/or travel no benefit to U.S. expenses (as applicable) institution Verification from visitor of valid passport and . Entry to U.S. only applicable o if from designated visa intend to enter U.S. with B-1 for business North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals

waiver country . Upon arrival, visitor must present original entry . No visit to U.S. Embassy documents and completed original Foreign required for visa National Information Form to Host Department . Must have a valid passport and DHR for activity clearance . Cannot stay longer than 9 . Submit all receipts and final paperwork to the days at any institution Accounts Payable Office for honorarium payment/reimbursement disbursement J-1 Exchange Visitor . Invitation to teach, lecture, Period less than 3 weeks up to May be paid a salary (based on . Discuss with Department Chair intent to . Department Chair (Researcher/Professor/Short-term or conduct research 5 Years (depending on financial sponsorship offered invite/employ J visitor . Dean Scholar) . Visitor cannot be candidate applicable J category) by NCA&TSU) . If approved, consult with DHR FN Employment . Division of HR for tenure track employment . Cannot be paid a salary, if Manager to discuss hiring requirements . ISSO/Department of State . Visitor must show adequate NCA&TSU is not the . Contact the International Students and Scholars . U.S. Embassy financial support for length program sponsor listed on Office (ISSO) for J-1 Request Packet . EPA Salary & Budget of program (stay in U.S.) DS-2019 document . Complete and return J-1 packet to ISSO Administration . Visitor must be issued a DS- . Cannot be paid a salary, if . Consult with DHR to initiate Export Control . Payroll Office 2019 Certificate of self-sponsored upon entry Clearance (FN Employment Manager) Eligibility for Exchange to U.S. – must have prior . Visitor must report to ISSO upon arrival to U.S. Visitor by a SEVIS authorization to work from to complete SEVIS check-in approved institution or agent SEVIS institution o If for employment, visitor must wait 10 days . Visitor must visit U.S. responsible after arrival to apply for social security number Embassy in home country to officer/clearance through o Letter to apply for social security number apply for visa to enter the DHR FN Employment issued by ISSO U.S. Manager . Department submit all required new hire . Visitor must maintain legal documents through the appropriate administration obligation for status upon process entry to U.S. . J-1 visit DHR to complete Form I-9 and Foreign . Visitor is required to National Information Form by the first day of maintain health insurance for work duration of status (which includes repatriation and evacuation coverage) Note: State Health Plan does not offer repatriation and evacuation coverage H-1B Temporary Worker . University department 6 years (Initial period up to 3 Must be paid a salary as . Department Advertise/Recruit for Position . Department Chair sponsorship for employment years, renewable to a total of 6 petitioned and approved by (according EEO Requirements) as applicable . Dean H-1B sponsorship @ NCA&TSU required (employer-specific) years) USCIS; benefits are not . If final candidate is a foreign national, discuss . EEO/AA Officer (if is for academic EPA . Requires USCIS approval . Initial petition under required; unless part of petitioning requirements with Department Chair recruitment applicable for teaching/research positions before employment can NCA&TSU must be at established position and Dean for approval to hire position) begin (if applicable, can least for one year classification . If offer of employment is approved, request . Division of HR Processing timeline can take up apply while inside the U.S.) . Department can elect to . Salary offered to foreign candidate to complete Criminal Conviction . U.S. Citizenship & North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals to 6 months for approval . If outside the U.S., approval petition in increments national must be at least Check form and submit to DHR for clearance Immigration Service (USCIS) documents must be mailed more than one year the same as all others in . Upon clearance of criminal conviction check . U.S. Embassy (if candidate is Sponsoring Department to visitor to apply for visa (dependent upon term of same position within the process, DHR will initiate internal clearance for outside the U.S.) responsible for all cost associated with U.S. Embassy the employment contract department (actual wage) Export Control with the department . EPA Salary and Budget with H-1B petition . Petition evidence must show and/or funding . Salary must meet the . If export control cleared, DHR will issue H-1B Administration possession of professional availability) minimum prevailing wage request packet materials to department for . Payroll Office (Foreign national may not begin degree (minimum bachelors) (DOL) completion work at the University until an and that skills for the . Salary attested to the . Upon receipt of the completed H-1B packet and official approval notice is position offered requires Department of Labor must all supporting documents from department and received from the United States professional skills be the exact payment to beneficiary, DHR will initiate filing actions for Citizenship and Immigration . Employment temporary in foreign national; not H-1B status on behalf of visitor Service (USCIS) validating term nature including health benefit – . Upon receipt of approval notice from USCIS, of employment as requested) . Must meet Department of unless cost of health DHR will consult with department and employee Labor (DOL) Prevailing benefit is included in to confirm employment begin date Wage and Labor Condition addition to salary in the . Department submit all required new hire Application requirements offer letter documents through the appropriate administration (Timeline for completion . No other salary obtainable process can vary-depends if DOL is or changes to employment . Employee must visit DHR to complete Form I-9 current with request or terms and conditions and receive employee portion of USCIS issued backlogged) without new petition to approval notice by the first day of work . Position recruitment USCIS required for permanent . H1B can only receive and positions accept pay compensation, . Position and funding paid expenses and/or eligibility verified by DHR reimbursements through prior to initiating H-1B NCA&TSU process . Sponsoring department responsible for return cost of transportation if visitor is dismissed before the petition period expires TN (NAFTA) . Must be Canadian or Canadian citizens status may Can be paid a salary, not . Department Advertise/Recruit for Position . Department Chair Mexican citizen. be valid in three-year transferable to a new position (according EEO Requirements) as applicable . Dean TN classification is strictly . Possession of professional increments* (must be based on terms of . If final candidate is a foreign national, discuss . EEO/AA Officer (if limited to engagement in one of degree and skills for a offer letter used to enter U.S.) hiring requirements with Department Chair and recruitment applicable for the 63 NAFTA-specified position that is listed among Mexican citizens status is Dean for approval to hire position) occupations listed in Appendix the eligible professions on limited to one-year increments . If offer of employment is approved, request . Division of HR 1603.D.1 of Annex 1603 of the the TN List. candidate to complete Criminal Conviction . U.S. Port of Entry NAFTA . Canadians can obtain *Term of employment with Check form and submit to DHR for clearance . U.S. Citizenship & permission at US Border University will dictate year . Upon clearance of criminal conviction check Immigration Service (USCIS) North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals

Position with University must Port of Entry w/ appropriate increments and be outlined in process, provide offer letter of employment for (Mexican citizen) require a NAFTA professional documentation (no visa offer letter of employment by applicable term to visitor and forward a copy to . U.S. Embassy (Mexican required) sponsoring department FN Employment Manager in DHR citizen) TN employment with . Mexican citizens must have . Department submit all required new hire . EPA Salary and Budget NCA&TSU is for EPA academic an employer file petition documents through the appropriate administration Administration positions only (as applicable to with USCIS (can be lengthy process . Payroll Office NAFTA professions list) process) . Visitor completes Form I-9 and Foreign National . Entry is employer-specific Information Form with DHR by the first day of for pay work . Temporary employment only . Receipt of Form I-94 at Port of Entry (Arrival/Departure Record) which stipulates entry and end date of status

0-1 Alien of Extraordinary . Must show evidence that *3 years for initial period, can Must be paid a salary as . Advertise/Recruit for Position (according EEO . Department Chair Ability applicant is among the top be renewed in one year petitioned and approved by Requirements) as applicable . Dean few in the world in area of extensions (no maximum on USCIS; salary must meet . If final candidate is a foreign national, discuss . EEO/AA Officer (if This category is not an automatic specialization annual renewals) minimum requirements petitioning requirement with Department Chair recruitment applicable for option for hire. NCA&TSU will . Must be internationally (benefits are not required; and Dean for approval to hire position) only consider O-1 sponsorship if recognized for contributions *Dependent upon term of the unless part of established . If offer of employment is approved, request . Division of HR H-1B employment is not an . Petition application required employment contract and/or position classification) candidate to complete Criminal Conviction . U.S. Citizenship & option for hire. to USCIS funding availability Check Form and submit to DHR for clearance Immigration Service (USCIS) . Temporary visa with no . Upon criminal conviction check clearance, DHR . U.S. Embassy (if candidate is Processing timeline can take up intent to abandon country will initiate internal clearance for Export Control outside the U.S.) to 6 months for approval . If outside the US, requires with department . EPA Salary and Budget the visitor to apply visa with . If export control cleared, DHR will issue O-1 Administration Sponsoring Department U.S. Embassy Packet to department for completion . Payroll Office responsible for all cost associated . Sponsoring department . Upon receipt of completed O-1 packet and all with beneficiary O-1 petition responsible for return cost of supporting documents from department and transportation if visitor is beneficiary, DHR will initiate filing actions for (Foreign national may not begin dismissed before the petition O-1 status on behalf of visitor work at the University until an period expires . Upon receipt of approval notice from USCIS, official approval notice is . If visitor subject to J-1 DHR will consult with department and employee received from USCIS validating 212(e): Two-Year Residency to confirm employment begin date term of employment as Requirement; cannot change . Department submit all required new hire requested) status from J-1 to O-1 within documents through the appropriate administration the U.S. – must apply for O- process 1 visa abroad and re-enter . Visitor completes Form I-9 and receives the U.S. employee portion of USCIS issued approval North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals

notice by first day of work Permanent Residence . Must have U.S. employer to Indefinite; Naturalization Salary required; no restrictions* . Department Requestor complete . Department Chair (Employment-Based) sponsor option after 5 years in PR Recommendation for PR Sponsorship on behalf . Dean . Must be in a ‘permanent’ status *No restrictions on salary of foreign national employee and submit for . Office of Provost No department or employee of the position with University mandated by USCIS signature approval as stated on form . EEO/AA Officer (if re- University has authorization to offer . Visitor must meet Ph.D. . Return completed Recommendation Form and recruitment required) or guarantee Permanent Residence degree requirement Departments must ensure salary supporting documents to DHR to determine . Division of HR sponsorship during the recruitment, . Department/employee must offered and paid according to qualifications for sponsorship and category, as . U.S. Citizenship & interview and selection process. Sponsorship for PR is based on a intend for employment in position guidelines as applicable Immigration Service (USCIS) recommendation procedure position to be indefinite (for established by the . DHR will forward the department’s administered through the Division of duration up to approval) University/Office of State recommendation documents and DHR assessment Human Resources and approved by o Requires commitment of Personnel (as applicable) to Office of Provost for final the Office of the Provost and Vice University to employ review and determination of sponsor for PR Chancellor of Academic Affairs. visitor for maximum through NCA&TSU period required to obtain . If approved, an official notification will be sent to The University will only consider PR status (can take up to 5 department chair, dean and employee sponsorship for employment-based . DHR will provide filing instructions to Permanent Residence for tenure- years) track teaching faculty and non- . Requires Department of department and employee teaching research positions. The Labor – Labor Certification o If special handling, will require completion of University sponsors only two Application/Attestations (i.e. PERM Audit File prior to initiating any actions specific categories (i.e. Special Special Handling) for the PR application process Handling (teaching) and . Petition filed by NCA&TSU o If special handling, requires completion of Outstanding Professors and . University department have Labor Certification Application w/DOL Researchers) funding resources to support . DHR process USCIS application form (I-140) all cost related to the petition . Employee and department responsible for Sponsoring Department must pay all and salary for duration up to petition cost gathering and submitting all supporting approval from USCIS documentation for case A foreign national may self-petition . Visitor must be an H-1B . DHR manages and updates all parties on case for permanent resident based on employee with NCA&TSU status, up to receipt of adjudicated decision from employment under the Extraordinary USCIS Ability or National Interest Waiver. Special Handling category has There is no signature or completion specific guidelines that must be of paperwork required from met with regard to the filing NCA&TSU (exception: employment timeline, recruitment/selection verification letter). The employee is process, PERM audit file and responsible for all fees associated with self-petitions DOL Labor certification. Contact DHR for specific details. F-1 Optional Practical . Visitor independently 12 months OPT authorized Can be paid a salary . Department Advertise/Recruit for Position . Department Chair Training (OPT) applies for employment after completion of degree at (according EEO Requirements) as applicable . Dean authorization with USCIS each degree level (i.e. BS, MS, Departments must ensure salary . If final candidate is a foreign national, discuss . EEO/AA Officer (if North Carolina Agricultural and Technical State University Division of Human Resources Inviting and Hiring Foreign Nationals (At-A-Glance) Visa Classification Eligibility Criteria Maximum Length of Visa Payment Options University Procedures Administrative Approvals

Although F-1 status is a student through SEVIS institution Ph.D) offered and paid according to hiring requirements with Department Chair and recruitment applicable for visa, after completion of degree . Visitor in lawful F-1 status position guidelines as Dean for approval to hire position) requirements, USCIS can grant with employment If completed degree in STEM established by the . If offer of employment is approved, request . Division of HR employment authorization for the authorization approved by field, may be eligible for an University/Office of State candidate to complete Criminal Conviction . U.S. Citizenship & foreign national visitor to work USCIS additional 17 months of Personnel (as applicable) Check form and submit to DHR for clearance Immigration (USCIS) with a U.S. employer . Visitor must be able to employment authorization . Consult with DHR to initiate Export Control . EPA Salary and Budget provide documentation for (must be processed through clearance (FN Employment Manager) Administration F-1 visa status is temporary. If a employment authorization SEVIS institution to confirm . Upon Export Control clearance, Department . Payroll Office hiring department employs an F- . Employment with eligibility) submit all required new hire documents through 1 in a permanent position with NCA&TSU temporary in the appropriate administration process the University, the department EPA academic/research . Employee must visit DHR to complete Form I-9 must transition employee to H- position and Foreign National Information Form by the 1B within 6 months of hire . Employment must be in first day of work major field of study for . If perm position, thereafter, department consult No sponsorship or cost to which degree issued with DHR to initiate H-1B process NCA&TSU hiring department . If eligible for 17 months for visitor to apply for OPT STEM extension, must show proof of employment with a specific employer and employer must participate in the E-Verify Program

Disclosure Notice This at-a-glance chart is provided to assist with understanding the general requirements for foreign national visitors and North Carolina A&T State University. It does not disclose full details for each visa category. For more detailed information regarding the visa categories, visits to and employment with North Carolina A&T State University, please refer to the Foreign National Employment Policy.

The information documented is subject to change without notice in accordance to University, Federal and State regulatory guidelines and procedures.

Visitors and potential employees should manage all questions and inquiries through the sponsoring or hiring department.

Questions? Please call the Division of Human Resources at 336.334.7862.