Visa and Labor Certification for Foreign Visitors, Research Scholars, and Faculty

Forms, Instructions and Examples for International Employees (Business Affairs website)

The time required to secure the proper visa for a foreign national who will be employed by the university may vary from a few days to a full year or longer. If it is possible that a non-U.S. citizen will be selected for appointment to an academic/administration position, the search committee should inform itself about visa regulations and the candidate's visa status as soon as possible. Not all visas will allow non-U.S. citizens to receive income from a U.S. source.

During the Search:

Information about non-immigrant visas that will allow foreign nationals to remain in the U.S. for a specific period of time (for a few days, or as long as five years) can be obtained from the Office of International Affairs, ext. 6-3206. A temporary visa is suitable only if the non-U.S. citizen is a candidate for a fixed-term appointment (one with a definite beginning and ending date).

Obtaining alien labor certification is the first step in applying for permanent resident (immigrant) visas. Departments that hire new tenure-related foreign nationals who intend to apply for labor certification and permanent residency must call the Office of Academic Affairs, ext. 6-3028.

If a department anticipates offering a tenure-related position to a non-U.S. citizen, the university works with the department and prospective appointee to apply for labor certification and a permanent resident visa on behalf of the appointee. This process takes eighteen to twenty-four months (or longer in the case of countries with backlogs). Moreover, certain procedures must be followed during the hiring process to meet guidelines of the U.S. Department of Labor, which makes the initial certification in the process of securing a permanent resident visa. Since any academic/administrative search may possibly end with the selection of a non-U.S. citizen as the best-qualified candidate, it would be prudent for the department to have the correct procedures in mind throughout the search.

If a department needs to appoint a non-U.S. citizen more quickly but would still like to consider that person for a permanent position in the future, then it may be possible to secure an H-1 (non-immigrant) visa. In this case, the contract offered to the candidate must be fixed-term, and the foreign national must meet other conditions of a non-immigrant visa (e.g., maintaining a residence in one's home country to which one can return).

A department or school that wishes to apply for labor certification and a permanent resident visa for a non-U.S. citizen who has already begun employment at the university should contact the Office of Academic Affairs (6-3028). This contact should always be made by the dean or department head, not by the foreign national.

At the Time of Appointment:

The department that wishes to appoint a non-U.S. citizen to a tenure-related position should call the Office of Academic Affairs for assistance in securing labor certification. Application for labor certification must be made within 18 months of the date on the Academic Affairs official offer contract that is sent to the prospective appointee.

Assistance in obtaining a temporary visa or in clarifying visa status for a non-U.S. citizen who will occupy a fixed-term appointment can be obtained from the Office of International Student and Scholar Services.