Procedures for Determining Eligibility to Work in the U.S. and at the University
When hiring a new employee, during the interview by the dean or department head, the person’s eligibility to work in the United States must be determined. We are not permitted to ask a person’s citizenship but should ask the following of ALL applicants:
Are you legally authorized to work full time in the United States and for all employers?
If the answer is no, state that it is the candidate’s responsibility to acquire work eligibility and that he or she cannot be employed here without it.
If the answer is yes, ask: Will you now or in the future require sponsorship for employment visa status?
If the answer is yes to that question, state that it is the candidate’s responsibility to acquire work eligibility and that he or she cannot be employed here without it.
If the answer is no, you may then ask the current immigration status. You may not ask the candidate’s citizenship.
When an appointment letter is issued to a candidate who does not have the proper work authorization, the following statement must appear in the letter: “This offer of employment is contingent upon your obtaining, and maintaining during the term of your employment, authorization for employment in the United States and at the University.
In the case of new faculty hires, the dean’s office prepares the letter of appointment for signature by the dean and the provost. For senior administrators, the Vice Chancellor’s office prepares the letter of appointment. In the case of hires in other departments, the personnel office prepares the letter of appointment.
Any individual seeking to obtain or maintain employment authorization status should be reminded to begin those efforts early because of the delays that now exist in the federal government’s processing of these requests.
The individual to be hired must provide the proper documentation of work eligibility to the personnel office, and in the case of faculty, also to the dean. Until this is done, the person is not officially hired and cannot be entered into the payroll system. For teaching in the Advent semester, the expectation is that documentation will be provided by July 1. For the Easter semester, the expectation is January 1. Under no circumstances can a person teach or participate in activities as an employee prior to proper documentation.
The University’s assistance with costs related to immigration issues is limited to the following:
1. The University will pay the $500 anti-fraud fee for the initial H1-B visa petition as long as the law requires employers to do so.
2. The University will pay the fees employers are legally required to pay in the PERM labor certification process but no other fees or costs associated with obtaining permanent resident status.