Hiring Foreign Nationals Guidelines
These guidelines have been developed to assist Southeastern Louisiana University hiring
departments in determining which immigration status is most appropriate.
There are several things to consider:
— Whether the person is to receive compensation of any sort from Southeastern
— The length of the person’s stay in the United States
— The future plans of both the individual and the hiring department
Departments are urged to contact the International Services Office before any process
to hire a foreign national begins. Below are a few common non-immigrant classifications
used by foreign nationals at Southeastern. More information on each can be found on
the left menu under Faculty and Staff
F-1 Student and J-1 Exchange Students
The F-1 student visa and J-1 exchange student visa categories are the most common
non-immigrant classifications that can be found among foreign nationals at Southeastern.
Both categories of students are allowed to work on campus. Off-campus work must be
authorized by the USCIS and the students must meet certain eligibility requirements
and application processes.
If a department wishes to hire an international student as a student worker, both
categories of students are considered to be state, not federal, employees. F-1 and
J-1 students are required to follow all procedures as outlined by the Human Resources
Office to apply for an on campus position which includes obtaining a work permit from
the International Services Office by submitting a request via the Online Student Request Form.
F-1 and J-1 students are only allowed to work part-time during the Fall and Spring
semesters but may work full-time during official school breaks and holidays.
Social Security Numbers are only available to non-immigrants who are eligible to work
in the United States. F-1 and J-1 students must have a job offer and have been in
the U.S. for a minimum of 10 days before they may apply for an SSN. Departments who
hire a student who needs to apply for a SSN are required to write a letter addressed
to the Social Security Administration Office in Hammond that follows this format.
Students should then request a letter from the International Services Office via the
Online Student Request form. Further information on the Social Security Number application process for international
students can be found here.
B-1 Visitor for Business or B-2 Visitor for Pleasure (Tourist)
The B visa category is not for employment of any kind. However, B-1 visitors may be reimbursed for travel expenses
and B-2 visitors may receive reimbursements for travel expenses only if incidental
with an honorarium. Certain conditions must first be met before a B category can be
considered for an honorarium.
The visa must be obtained from a U.S. consulate or embassy abroad (except for Canadian
citizens) to enter the United States. A letter of invitation may be helpful in obtaining
the visa and explaining the purpose of the trip.
An individual on the B-1/2 visa is able to enter the U.S. for short periods of time
which usually last less than three to six months. Documentation and records that typically
help the reimbursement or entry process should include a non-refundable roundtrip
ticket and documentation that shows funds to support expenses.
WB Visa Waiver Visitor for Business or WT Visa Waiver for Pleasure (Tourist)
This visa type is a visa waiver for individuals of certain countries who have registered
online in advance through the Electronic System for Travel Authorization (ESTA). More
information can be obtained from this link.
The same regulations as the B-1/B-2 visa apply for the WB/WT visa waivers except that
the WB/WT may enter the US for a maximum of 90 days without a visa.
J-1 Visiting Scholar
This status is available to visiting scholars such as professors, researchers, postdoctoral
fellows, etc. who are foreign nationals. However, it cannot be used for a tenure track
or staff position.
To apply for the J-1 visa, a scholar must first obtain a Form DS-2019 from the ISO.
Departments must submit the J-1 Instruction and Form packet directly to the ISO. The visitor can then apply for the visa at the US consulate
or embassy abroad to enter the United States (except for Canadian citizens) or they
can obtain permission from USCIS to change their status to J-1 from within the U.S.
if they are already present.
A person in the J-1 Research Scholar and Professor category is limited to five years.
A J-1 Short-term Scholar is limited to a six-month stay. Additionally, some exchange
visitors may be subject to the two-year home residency requirement.
Please also note, if a scholar has held J status (including J Student, Researcher,
Professor, Specialist, or Dependent) in the U.S., except as a Short-term Scholar,
for six months or more during the preceding 12 months, he/she is not eligible for
the J-1 Research Scholar or Professor category.
They may also be given an honorarium, stipend, or salary by the J-1 sponsor, Southeastern
department, for pre-approved activities related to the program objectives (this is
noted in SEVIS).
Prior written authorization from the ISO must be obtained to engage in occasional
lectures or consultation. Dependents of the J-1 Exchange Visitors holding J-2 status
may apply to USCIS for employment authorization.
Detailed information for potential exchange visitors can also be found at http://j1visa.state.gov.
H-1B Temporary Worker
Employment in this category is restricted to the petitioning employer under the terms
and conditions of the approved H-1B. The ISO should be contacted prior to any changes
in H-1B employment at Southeastern.
To be eligible for the H-1B, the position must meet wage requirements set forth by
Department of Labor regulations. H-1B status is initially granted for maximum period
of three years and can be extended for a total of six years. They may also receive
honoraria, stipends, or salary only from Southeastern Louisiana University authorized
activities.
Dependents of H-1B holders who are on the H-4 are not allowed to work in the U.S.
TN NAFTA Professional
This status is only available to Canadian and Mexican citizens who are employees of
Southeastern. It applies only to certain professions, mostly teaching and research
positions.
Mexican citizens must obtain the TN visa abroad to enter the United States. Canadian
citizens must show a letter of job offer and education credentials to obtain status
at the port of entry or border crossing. The visa may be requested in increments up
to three years, with unlimited extensions.