3.14 EMPLOYMENT OF FOREIGN NATIONALS

Effective: August 15, 2024

Purpose: Emporia State University assists, as set forth in this policy, full time faculty and administrative employees in acquiring and maintaining lawful status and eligibility to work at ESU. This policy sets forth departmental responsibility for activities related to this employment eligibility, the use of outside counsel, and the payment of related expenses.

Scope: Cases which are not covered by this policy will be determined at University discretion on a case by case basis.

Responsible Office: Human Resources; General University

Policy Statement: This policy is to be applied in conformity with state and federal law and any conflicts shall be decided in favor of the controlling law.

The University will not knowingly employ or continue to employ, individuals who do not meet the requirements of federal laws pertaining to immigration and naturalization.

The University will strive to select the best qualified applicant without regard to age, race, color, religion, gender, marital status, national origin, handicap or disability, status as a Vietnam Era Veteran, sexual orientation, or any other factors which cannot lawfully be considered, to the extent specified by applicable federal and state laws.

Federal law regulates the employment of foreign nationals in the United States. The Office of Human Resources is designated with the authority to sign applications and petitions to be filed with United States Citizenship and Immigration Services (“USCIS”), Department of Labor (“DOL”), or other immigration-related government agencies on behalf of the University related to the employment of foreign national faculty and administrative employees. The Office of International Education is designated as the administrative unit responsible for handling required documents related to students. Nothing is this policy abrogates the President’s signature authority. Responsible units and offices should be contacted for specific procedures.

The Office of General Counsel must review applications and petitions under this policy before the University submits them to the appropriate government agency. No employee may sign documents on behalf of Emporia State University related to an immigration filing without the specific authorization of the Office of General Counsel, except for Student and Exchange Visitor Information System (SEVIS) activities. Services rendered to, and on behalf of, foreign national employees under any aspect of this policy are at the discretion of the University. No right or entitlement accrues to any employee by virtue of this policy or by virtue of having received any services under this policy.

This policy does not relieve any employees of their responsibilities in maintaining their individual immigration status, nor does it limit the employee’s right to be represented independently by competent legal counsel.

NON-IMMIGRANT VISAS AND IMMIGRANT PETITIONS

Non-Immigrant Visas

A non-immigrant visa may enable foreign national faculty or administrative employees to enter the United States and begin offered employment. Such visa petitions are generally handled by the Office of Human Resources. Except for fees required to be paid by the the University by federal law, associated costs are the responsibility of employee.

Immigration Petitions for Permanent Residency (“Green Cards”)

Foreign nationals appointed to positions that are permanent in nature as defined by federal law and University policy, may work with their administrative or academic unit and the Office of Human Resources if they wish to pursue permanent residency. Employment based permanent residency applications are generally handled by outside counsel and reviewed and approved by University General Counsel. Emporia State University will only be responsible for related expenses required by law to be paid by the the University. All other associated costs and expenses, which are not the obligation of the University under law, are the responsibility of the employee.

Foreign nationals in positions which are defined as temporary by the University are not eligible for an employment based permanent residency petition. Hiring units should not promise permanent residence to a foreign national as the process is complex and uncertain.

Self-Petitioned Immigration Applications

The University cannot provide advice to individuals and shall not be involved in personal immigration petitions. The University only supports qualifying employment based applications and petitions as set forth in this policy.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Non-immigrant visa classifications relevant to this policy include:

• F-1. Required for foreign national students admitted to the United States in an approved educational program. Foreign national students at Emporia State University must have either an F-1 visa or a J-1 visa.
• J-1. Required for foreign national exchange visitors, including: students; faculty; researchers; and, scholars eligible to conduct duties as delineated by their status and program sponsor. Foreign national students at Emporia State University must have either a J-1 visa or an F-1 visa.
• H-1B. Required for foreign national specialty occupation professional who have been petitioned by an employer for a position that requires a bachelor degree or its equivalent as a minimum for entry into that position. The initial H-1B visa period of stay may be for up to 3 years. A 3-year extension of this initial term may be granted for a maximum period of stay of 6 years. The foreign national employee may not begin working in the United States until an approval notice has been issued granting the H-1B classification with valid starting and ending dates. If the employee already holds an H-1B visa from another U.S. position, the “portability privilege” may apply. This is the visa required for most foreign national faculty or staff employed at Emporia State University.
• TN. Required for a foreign national who is a citizen of either Canada or Mexico who has been petitioned by an employer for a position listed in the North American Free Trade Agreement. This would apply to foreign national faculty or staff at Emporia State University whose position meets eligibility requirements for this visa.
• O-1. Required when a foreign national is considered to be a top expert in their profession or field of endeavor. This would apply to a foreign national hired into a key staff or faculty position at Emporia State University.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources and General University procedures.

[Human Resources procedures - coming soon]

[General University procedures - coming soon]

Related Policy Information: [coming soon]