3.05 Employment of Foreign Nationals

Last Revised: 2 Oct 2019

Refer Questions to: Executive Director, Human Resources

Scope

This policy applies to all offices and divisions of Gallaudet University.

Policy

By law, Gallaudet may employ only those individuals who have a lawful right to work in the United States for the University. The University may petition for authorization to employ a foreign national who needs an employment-based visa if the candidate and position meet specific employment criteria. In most cases, the University does not petition for positions of less than one-year duration. In certain cases, a foreign national may be able to petition on his/her own for employment authorization based on their status without the University’s help (e.g., persons with L-2, E-2, or H-4 status as a spouse who are able to obtain employment authorization). In no instance can an unauthorized foreign national be employed by the University without having proper work authorization, whether the person petitioned on his/her own or the University has successfully petitioned for and received the appropriate work authorization. The length of the appointment may not exceed the time period for which employment is authorized. Legal fees incurred by the employee are the responsibility of the employee. Legal fees incurred on behalf of the University in relation to the employment-based visa sponsorship for the employee are the responsibility of the employee’s department. For the avoidance of doubt, the University will not pay the costs of visa sponsorship for an employee’s family.

In accordance with the Immigration Reform and Control Act, the University must verify and document the identity and employment eligibility of all new hires, and complete Form I-9. Section I of Form I-9 has to be completed on the starting date and the employee has up to three working days after their starting date to present documents acceptable for I-9 purposes to document his/her identify and employment eligibility.

Individuals from other countries who are classified as full-time students in F-1 visa status may be offered on-campus employment in accordance with applicable laws governing such employment. Employment of individuals possessing an F-1 student visa must be approved in advance by Human Resources.

Approved by: Gallaudet University Administration