Foreign National Hiring
Contact Human Resources at 320-308-3076 when a foreign national is being considered for employment.
As soon as a foreign national has accepted employment, inform Human Resources at 320-308-3076. Some work visas take several months to be processed, so it is important to do this as early as possible.
The various types of work visas that foreign nationals at SCSU have are H-1B, J-1, TN, F-1 OPT or CPT.
For more information on visas see U.S. Department of State.
H-1B Visas
The H-1B visa allows U.S. employers to hire qualifying foreign nationals temporarily in certain types of employment positions, which at SCSU is usually tenure-track faculty. SCSU is responsible for petitioning the U.S. Citizenship and Immigration Services to obtain permission to hire a foreign employee for a position. An employee cannot obtain H-1B status on his or her own. SCSU contracts with an immigration attorney to assist with the H-1B processing.
The H-1B is employer-specific and job-specific. Thus, a new H-1B petition must be filed and approved before an employee can move from one employer to another, or change from one job to another while working for the same employer. The H-1B duration is a maximum of 6 years (granted in increments of up to 3 years.) The approval process for H-1B visas can take several months, so advance planning is necessary.
J-1 Visas
SCSU is authorized for the following J-1 categories – Research Scholar, Professor, Short-term Scholar and student. If the new employee has been on a J-1 visa for 6 or more months in the past 12 month period they are not eligible for another J-1 visa until 12 months have past. This does not apply to the short-term scholars category. Many of the visiting scholars are also subject to the 2 year rule to return to their home country for 2 years after being here on a J-1 visa before being eligible to return to U.S. in H-1B status.
When it is determined that a J-1 visa will be used as a work authorization for the new employee, the Exchange Visitor (J-1) Request for Form DS-2019 form is completed by the Contact Person (usually the Department Chair), signed by the Dean or VP and returned to Human Resources.
The J-1 Responsible Officer will process the request and a DS-2019 will be printed for the foreign national and their dependent(s), if applicable.
The DS-2019, along with a packet of information, will be given to the contact person to be sent to the exchange visitor. The exchange visitor then needs to go to the U.S. Consulate/Embassy in their home country to apply for the J-1 visa. The J-1 visa holder is required to have health insurance that meets the U.S. State Department requirements. J-1 visa holders have 30 days after the ending date on their DS-2019 to either leave the country, change visa status or transfer to another J-1 visa program.
TN Visa
The TN visa is an employment visa that allows Canadian and Mexican citizens to be employed in the U.S. in certain occupations listed in the NAFTA treaty. The employee here on a TN visa is admitted for temporary employment for a maximum of one year, with the possibility to renew. A detailed job offer letter from the President is used by a Canadian to get a TN visa. The TN visa for a Mexican citizen is more complicated and the employer must file a petition with the INS.
F-1 OPT & CPT
F-1 Optional Practical Training and Curricular Practical Training allows an F-1 student to apply for employment authorization related to his or her field of study.
September 2003
