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ByCatherine Walker
Foreign National Program Manager
EMPLOYMENTOF
FOREIGN NATIONALS
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Department of Homeland Security
Department of StateDepartment of Labor
Departments and Agencies
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Department of Homeland Security(DHS)
Comprised of three main organizations:
United States Citizenship & Immigration Service (USCIS) – Approve all petitions for U.S. visas
Customs & Border Protection (CBP) – Secure the Nation’s borders
Immigration and Customs Enforcement (ICE) – Investigative arm of DHS
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Department of State
U.S. Embassies and Consulates: Located throughout the world
Embassies are located in the capital city of a foreign country
Consulates are smaller versions of an embassy and are generally located in large tourist cities within a foreign country
Both embassies and consulates can issue U.S. visas
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Department of Labor
Office of Foreign Labor Certification (OFLC):
Process labor certification applications for employers seeking to hire foreign nationals
Ensure foreign nationals will be paid at least the prevailing wage rate within area of employment
Ensure foreign workers in the U.S. will not adversely affect job opportunities, wages and working conditions of U.S. workers
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Eligibility for
Federal Employment
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Laws & Regulations
The Federal Government may hire foreign nationals who meet the
following:
Immigration Law
Annual Appropriations Act; and Executive Order Restriction on Appointing Non-Citizens in
the Competitive Service
Excepted Service Appointments – must meet top two requirements
Competitive Service Appointments – must meet top three requirements
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Immigration Law
U.S. employers may only hire an individual who is:
A citizen (either by birth or naturalization); Lawfully admitted for permanent residence; Lawfully admitted for temporary residence; An alien admitted or paroled into the U.S. as a refugee; An alien granted asylum; A fiancé, fiancée, child, or parent of an alien who was
admitted under certain conditions; An alien who is authorized employment with a specific
employer incident to status; (e.g., H-1B, J-1, F-1, etc.) An alien who meets other requirements that are listed in
the regulations
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Appropriations Law
Current Appropriations Laws prohibits an Agency from using appropriated funds
to pay The compensation of any officer or
employee of the Government of the United States
whose post of duty is in the continental United
Statesunless such person:
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Appropriations Law
is a citizen of the United States; is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B);
is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible;
is a person who owes allegiance to the United States (for example, natives of American Samoa and Swains Island);
is a person employed as an international broadcasters by the Broadcasting Board of Governors;
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Appropriations Law
is a person temporarily employed as a translators;
is a person temporarily employed in the field of service (not to exceed 60 days) as a result of emergencies;
is a nonresident aliens employed as wild-land firefighters for not more than 120 days by the Department of the Interior or the U.S. Department of Agriculture, U.S. Forest Service, pursuant to an agreement with another country; or
is a person who was an officer or employee of the U.S. Government on December 16, 2009.
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ARS-230Name Check
A name check is basically a security check
Foreign nationals must complete and submit an electronic ARS-230
Foreign national cannot enter on duty until the ARS-230 has been approved
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EMPLOYMENT DOCUMENTS
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Employment Documents
Foreign nationals will need to have one of the
following documents to be employed:
Visa
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)
Form DS-2019
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Visas
Classification Group:
Temporary Workers - H-1B, H-1C, H-2B
Visitors - B-1, B-2
Crewman - D-1, D-2
Academic Students - F-1, F-2
Exchange Visitors - J-1, J-2
NAFTA - TN, TD, TWOV
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Visas
Visa utilized by the Agency:
E-3 Australian Specialty Occupation Worker
F-1 Academic StudentH-1B Temporary Workers in Specialty Occupations J-1 Exchange VisitorTN Canadian and Mexican Professionals under NAFTA
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Visas
SPONSORED
E-3 – Australian Specialty
Occupation Worker
H-1B – Temporary Worker in
Specialty Occupations
TN – Canadian and Mexican
Professional
NON-SPONSORED
F-1 – Academic Student
J-1 – Academic Student
J-1 – Exchange Visitor
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Visas
U.S. visa is issued by a U.S. Embassy or Consulate
U.S. visa allows foreign national to travel to a U.S. port-of-entry and request permission to enter
Can’t enter U.S. on expired visa
U.S. visa does not guarantee entry to the U.S.
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Permanent Resident Card (Green Card)
Form I-551, “Permanent Resident Card”, is issued to all permanent residents as evidence of alien registration and their permanent status in the United States
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Employment Authorization Document(EAD)
Work permit
Issued in one-year increments
Can’t begin work until validity date
Can’t work beyond expiration date
F-1 student obtains EAD to be employed for OPT purposes
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Form DS-2019Certificate of Eligibility for
Exchange Visitor (J-1) Status
Employment document used to employ J-1 student for academic training purposes
J-1 student must obtain authorization for academic training from school official
Certificate contains a brief description of the student’s program; start and end date; etc.
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ADMISSION TO THE
UNITED STATES
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Travel to the U.S.
When arriving by air, flight attendants will distribute Customs Declaration Forms (CF-6059) and Arrival/Departure Record (I-94) to each passenger which he/she must fill out prior to landing at a U.S. port-of-entry
When arriving by land or sea, CBP Officer at the port-of-entry will provide passengers with CF-6059 and I-94
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U.S. Ports-of-Entry
Ports-of-Entry include:
Airports Sea Ports Land Border Crossings
All persons arriving at a U.S. port-of-entry are subject to customs inspection by a Department of Homeland Security’s, U.S. Customs
and Border Protection (CBP) Officer.
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Customs Inspection
During Customs Inspection,CBP Officer will:
Review travel documents (e.g., passport, visa, customs declaration, Form I-94, etc.)
Determine if the foreign national is eligible for entry
Determine the foreign nationals period of stay in the U.S.
Annotate foreign national’s Form I-94 with duration of stay
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Form I-94Arrival/Departure Record
CBP Officer will annotate I-94 with:
Date the foreign national arrived in the U.S.
“Admitted Until” date that reflects the foreign national’s authorized period of stay
Visa classification
Foreign nationals that stay longer than the “Admitted Until” date are considered “Out-of-Status”
Failure to maintain status can result in arrest and affect prospects of readmission
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Postdoctoral Research AssociatesPathways Student Interns
Pathways Recent GraduatesL/A’s
Excepted Service Appointments
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Positions Eligible for Employment
Foreign nationals can be employed in the Following temporary, excepted service
positions:
Postdoctoral Research Associates
Pathways Students Interns
Pathways Recent Graduates
L/As
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Postdoctoral Research Associate
To be employed as a postdoctoral research associate, foreign national must:
Be eligible for Federal employment
Possess a Ph.D.
Have one of the following:
Foreign nationals in J-1 visa status can be employed for academic training purposes with an endorsed DS-2019 form
Foreign nationals in F-1 visa status can be employed for optional practical training purposes with an Employment Authorization Document (EAD)
Foreign nationals in H-1B, E-3 and TN can be employed for temporary work purposes with a temporary worker visa
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Pathways Student Intern
To be employed as a student intern, the foreign national must:
Be eligible for academic (J-1) or practical training (F-1)
Attending school
Have training approved by the designated school official
Obtain the appropriate employment document (e.g., EAD or SF-2019)
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Pathways Recent Graduate
To be employed as a recent graduate, the foreign national must:
Be eligible for federal employment
Approved for practical or academic training
Obtains EAD
Serves on appointment limited to 1 year
Obtains U.S. citizenship prior to conversion to TERM or permanent
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L/A Appointments
To be employed in an L/A position, the foreign
national must:
Be eligible for Federal employment
Have an EAD
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VISAS
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H-1B Visa
H-1B visa classification allows U.S. employers to temporarily employ foreign nationals in the U.S. on a nonimmigrant basis in a specialty occupation
Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent
This temporary worker visa can be used to employ foreign nationals in postdoctoral research associate positions
Foreign nationals must be eligible for federal employment
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H-1B Visa
H-1B visa may be issued in increments of up to 3 years for a maximum stay of 6 years
The Agency petitions the USCIS for an H-1B visa on behalf of foreign national
Agency obtains Form I-797, “Notice of Action” from USCIS
Agency forwards Form I-797 to the foreign national
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H-1B Visa
Foreign national schedules an appointment with a U.S. Embassy or Consulate
Obtains H-1B visa from U.S. Embassy or Consulate
Travels to a U.S. port-of-entry and request permission to enter
Compiles with conditions of status
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E-3 Visa
E-3 visa classification allows U.S. employers to temporarily employ Australian nationals in the U.S. on a nonimmigrant basis in a specialty occupation
Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent
This temporary worker visa can be used to employ Australian nationals in postdoctoral research associate positions
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E-3 Visa
E-3 is similar to the H-1B visa with a few additional benefits (i.e., spouse may work in U.S.)
Agency supplies offer letter
Australian nationals are responsible for obtaining their initial E-3 visa
24-month initial validity period which can be extended indefinitely but not permanently
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TN Visa
The TN visa classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level
Professional level requires evidence of professional qualifications in the form of degrees, certificates, diplomas, professional licenses, etc. and include positions such as lawyers, engineers, scientists
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TN Visa
This temporary worker visa can be used to employ Canadian and Mexican professionals in postdoctoral research associate positions
TN status can be issued in increments not to exceed a three year period
No limit on the number of times a person can apply for a TN visa
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F-1 Visa
This visa classification is a nonimmigrant, full-time, student visa that allows foreign nationals to pursue an education in the U.S.
Students may be employed for practical training purposes while attending school or after completion of studies in the following excepted service positions:
While Attending School Pathways Student Interns
After Completion of Ph.D. Postdoctoral Research Associate Pathways Recent Graduates
F-1 student obtains EAD
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J-1 Visa
This visa classification is for persons seeking entry into the U.S. to participate in an approved exchange visitor program for the purpose of teaching, lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training
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J-1 Exchange Visitor Categories
The J-1 visa is an exchange visitor visa with several categories that include:
Student, college/university Specialist
Short-term scholar International Visitor
Trainee Government VisitorTeacher Camp CounselorProfessor Au PairResearch Scholar
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Academic Training for J-1 Student
ARS may employ a J-1 student for academic training purposes
Student may participate during his/her studies;
or
Commencing not later than 30 days after completion of his/her studies
Student obtains signed DS-2019 from school official