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Administrative Manual - 203 Employment

203.05 Employment of Foreign Nationals

  1. PURPOSE

    JSA policies, which are based on federal immigration laws applicable to JSA, allow holders of non-immigrant visas, J-1 visas (Exchange Visitor), H-1 visas (specialty occupations), and F-1 visas (students) with an EAC (Employment Authorization Card), to be fully compensated when retained by JSA as employees. However, holders of B-1 and WB visas (visitors on business) may only be reimbursed for living expenses. Under limited circumstances, B-1 visitors may also be paid an honorarium of no more than $400/day and for no more than nine days when approved by the sponsoring Associate Director. B-1 and WB visitors' acceptance of an honorarium and expenses is limited to no more than five institutions or organizations in the previous six-month period.

  2. POLICY
    1. The Immigration Administrator shall be notified as soon as possible of proposed visits by foreign nationals, to enable the Department to send proper visa documentation to the visitor prior to departure from the visitor's home country.
    2. Requests for adjustment in visa status also shall be processed through the Immigration Administrator.
    3. Visa options are detailed in Exhibit 203.05-1

  3. PROCEDURES AND RESPONSIBILITIES
    1. Hiring Dept/Division:
      1. Is responsible for initiating the request to hire a foreign national and forwarding all hiring documentation to Human Resources.
      2. Is responsible for ensuring that correspondence with the foreign national prior to obtaining  the necessary hiring approvals is not interpreted as a firm offer of employment.
      3. Is responsible for notifying Human Resources when a foreign national employee fails to report for work or terminates employment.
      4. Is responsible for notifying Human Resources when the employment status of a foreign national requires an extension.
      5. Is responsible for notifying International Services when contemplating sponsoring a foreign national employee for permanent resident status.  Sponsorship for permanent residency is not an entitlement. The dept/division head should only consider sponsoring positions for permanent residency if the positions are eligible for such sponsorship, and if it is clearly demonstrated to be in the best interest of JSA to do so.
      6. Is responsible for paying relevant costs and/or fees associated with filing a petition to sponsor a foreign national’s employment-based visa and permanent residency.
      7. Notifies International Services when contemplating changes to a foreign national employee’s original scope of work, title, job description, work site or work hours from full time ↔part time, if the foreign national does not hold a green card.
      8. Orients new foreign national employees in dept/division policies, procedures, safety regulations, work processes, etc.
    2. Human Resources (HR):
      1. Notifies International Services of potential foreign national employment candidate.
      2. Requests employment visa evaluation status from International Services.
      3. Notifies Hiring Dept/Division of potential hiring delays due to visa processing.
      4. Creates hiring package with offer letter stating that “employment is contingent on the applicant’s ability to provide valid employment eligibility documentation and, if applicable, export control license requirements as deemed necessary by federal regulations”. 
      5. Notifies Hiring Dept/Division of intended employment start date of signed offer letter.
      6. Provides International Services with documents (application, C.V., signed offer letter, reference letters) needed for visa petition.
      7. Orients foreign national employee into JSA and introduces to dept/division sponsor
    3. International Services:
      1. Receives notification of foreign national employment candidate from HR and researches current employment visa status
      2. Determines type of employment-based visa that best suits position offered.
      3. Evaluates current processing times and reports potential timeframe for employment visa issuance to HR.
      4. Receives all employment  documentation from HR for employment visa petition filing.
      5. Contacts employment candidate for personal information and documentation needed to file employment visa petition.
      6. Notifies foreign national of potential timeframe for employment visa petition filing.
      7. Point of contact for new foreign national employee on all immigration matters.
      8. Reports any delays during employment visa petition filing to HR and foreign national.
      9. Contacts HR and foreign national upon arrival of employment visa approval notice.
      10. Communicates with foreign national during visa application at U.S. Embassy.
      11. Orients foreign national on immigration matters upon arrival at Lab.
      12. Monitors foreign national immigration and work authorization status throughout employment.
      13. Files visa work authorization extensions and new visa immigration status petitions as determined necessary to keep foreign nationals in legal work status.


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