Hiring Foreign Nationals



|B1 Visitor for Business |Proof of academic or business purpose for |6 months – renewable up to 12 months |Honorarium and/or reimbursement for |Submit request to invite visitor to Department Head and Dean/Vice |Department Head |

| |visit to U.S. | |travel and subsistence expenses, possible|Chancellor |Dean/Vice Chancellor |

| |Consult w/business associates | | |If approved, provide letter of invitation to the foreign national |U.S. Embassy |

| |Participate in scientific, educational, | |Visitor cannot be paid a salary |visitor |Business & Finance (i.e. Purchasing |

| |professional, or business conventions, | |Visitor is limited to 5 such payments |Host department initiate the Authorization Request for Independent |/Accounts Payable) |

| |conferences, or seminars | |form US institutions within 6 months |Contractual Service through Purchasing Office |Division of HR (visa clearance/verification|

| |Undertake independent research which | |(NCA&TSU can be the 5th) |Host department must provide Division of Human Resources (DHR) with|for visit) – Foreign National (FN) |

| |provides no benefit to U.S. institution | | |specific information to verify visitors eligibility for activity on|Employment Manager |

| |Visit to U.S. Embassy to request visa for | | |campus | |

| |business | | |Copy of Invitation Letter outlining activity, dates of visit, | |

| |Must have a valid passport | | |honorarium and/or travel expenses (as applicable) | |

| |Cannot stay longer than 9 days at any | | |Verification from visitor of valid passport and intend to enter | |

| |institution | | |U.S. with B-1 for business | |

| | | | |Upon arrival, visitor must present original entry documents and | |

| | | | |completed original Foreign National Information Form to Host | |

| | | | |Department and DHR for activity clearance | |

| | | | |Host Department submit all receipts and final paperwork to the | |

| | | | |Accounts Payable Office for honorarium payment/reimbursement | |

| | | | |disbursement | |

|WB (Visa Waiver for Business) |Proof of academic or business purpose for |90 days (3 months) – not renewable or |Honorarium and/or reimbursement for |Submit request to invite visitor to Department Head and Dean/Vice |Department Head |

| |visit to U.S. |extended in U.S. |travel and subsistence expenses, possible|Chancellor |Dean/Vice Chancellor |

| |Consult w/business associates | |Visitor cannot be paid a salary |If approved, provide letter of invitation to the foreign national |US Port of Entry Officer |

| |Participate in scientific, educational, | |Visitor is limited to 5 such payments |visitor |Business & Finance (i.e. Purchasing |

| |professional, or business conventions, | |from U.S. institutions within 6 months |Host Department initiate the Authorization Request for Independent |/Accounts Payable) |

| |conferences, or seminars | |(NCA&TSU can be the 5th) |Contractual Service through Purchasing Office |Division of HR (visa clearance/verification|

| |Undertake independent research which | | |Host Department must provide DHR with specific information to |for visit) |

| |provides no benefit to U.S. institution | | |verify visitors eligibility for activity on campus | |

| |Entry to U.S. only applicable if from | | |Copy of Invitation Letter outlining activity, dates of visit, | |

| |designated visa waiver country | | |honorarium and/or travel expenses (as applicable) | |

| |No visit to U.S. Embassy required for visa| | |Verification from visitor of valid passport and intend to enter | |

| |Must have a valid passport | | |U.S. with B-1 for business | |

| |Cannot stay longer than 9 days at any | | |Upon arrival, visitor must present original entry documents and | |

| |institution | | |completed original Foreign National Information Form to Host | |

| | | | |Department and DHR for activity clearance | |

| | | | |Submit all receipts and final paperwork to the Accounts Payable | |

| | | | |Office for honorarium payment/reimbursement disbursement | |

|J-1 Exchange Visitor |Invitation to teach, lecture, or conduct |Period less than 3 weeks up to 5 Years |May be paid a salary (based on financial |Discuss with Department Chair intent to invite/employ J visitor |Department Chair |

|(Researcher/Professor/Short-term Scholar) |research |(depending on applicable J category) |sponsorship offered by NCA&TSU) |If approved, consult with DHR FN Employment Manager to discuss |Dean |

| |Visitor cannot be candidate for tenure | |Cannot be paid a salary, if NCA&TSU is |hiring requirements |Division of HR |

| |track employment | |not the program sponsor listed on DS-2019|Contact the International Students and Scholars Office (ISSO) for |ISSO/Department of State |

| |Visitor must show adequate financial | |document |J-1 Request Packet |U.S. Embassy |

| |support for length of program (stay in | |Cannot be paid a salary, if |Complete and return J-1 packet to ISSO |EPA Salary & Budget Administration |

| |U.S.) | |self-sponsored upon entry to U.S. – must |Consult with DHR to initiate Export Control Clearance (FN |Payroll Office |

| |Visitor must be issued a DS-2019 | |have prior authorization to work from |Employment Manager) | |

| |Certificate of Eligibility for Exchange | |SEVIS institution responsible |Visitor must report to ISSO upon arrival to U.S. to complete SEVIS | |

| |Visitor by a SEVIS approved institution or| |officer/clearance through DHR FN |check-in | |

| |agent | |Employment Manager |If for employment, visitor must wait 10 days after arrival to | |

| |Visitor must visit U.S. Embassy in home | | |apply for social security number | |

| |country to apply for visa to enter the | | |Letter to apply for social security number issued by ISSO | |

| |U.S. | | |Department submit all required new hire documents through the | |

| |Visitor must maintain legal obligation for| | |appropriate administration process | |

| |status upon entry to U.S. | | |J-1 visit DHR to complete Form I-9 and Foreign National Information| |

| |Visitor is required to maintain health | | |Form by the first day of work | |

| |insurance for duration of status (which | | | | |

| |includes repatriation and evacuation | | | | |

| |coverage) Note: State Health Plan does | | | | |

| |not offer repatriation and evacuation | | | | |

| |coverage | | | | |

|H-1B Temporary Worker |University department sponsorship for |6 years (Initial period up to 3 years, |Must be paid a salary as petitioned and |Department Advertise/Recruit for Position (according EEO |Department Chair |

| |employment required (employer-specific) |renewable to a total of 6 years) |approved by USCIS; benefits are not |Requirements) as applicable |Dean |

|H-1B sponsorship @ NCA&TSU is for academic|Requires USCIS approval before employment |Initial petition under NCA&TSU must be |required; unless part of established |If final candidate is a foreign national, discuss petitioning |EEO/AA Officer (if recruitment applicable |

|EPA teaching/research positions |can begin (if applicable, can apply while |at least for one year |position classification |requirements with Department Chair and Dean for approval to hire |for position) |

| |inside the U.S.) |Department can elect to petition in |Salary offered to foreign national must |If offer of employment is approved, request candidate to complete |Division of HR |

|Processing timeline can take up to 6 |If outside the U.S., approval documents |increments more than one year (dependent|be at least the same as all others in |Criminal Conviction Check form and submit to DHR for clearance |U.S. Citizenship & Immigration Service |

|months for approval |must be mailed to visitor to apply for |upon term of the employment contract |same position within the department |Upon clearance of criminal conviction check process, DHR will |(USCIS) |

| |visa with U.S. Embassy |and/or funding availability) |(actual wage) |initiate internal clearance for Export Control with the department |U.S. Embassy (if candidate is outside the |

|Sponsoring Department responsible for all |Petition evidence must show possession of | |Salary must meet the minimum prevailing |If export control cleared, DHR will issue H-1B request packet |U.S.) |

|cost associated with H-1B petition |professional degree (minimum bachelors) | |wage (DOL) |materials to department for completion |EPA Salary and Budget Administration |

| |and that skills for the position offered | |Salary attested to the Department of |Upon receipt of the completed H-1B packet and all supporting |Payroll Office |

|(Foreign national may not begin work at |requires professional skills | |Labor must be the exact payment to |documents from department and beneficiary, DHR will initiate filing| |

|the University until an official approval |Employment temporary in nature | |foreign national; not including health |actions for H-1B status on behalf of visitor | |

|notice is received from the United States |Must meet Department of Labor (DOL) | |benefit – unless cost of health benefit |Upon receipt of approval notice from USCIS, DHR will consult with | |

|Citizenship and Immigration Service |Prevailing Wage and Labor Condition | |is included in addition to salary in the |department and employee to confirm employment begin date | |

|(USCIS) validating term of employment as |Application requirements | |offer letter |Department submit all required new hire documents through the | |

|requested) |(Timeline for completion can vary-depends | |No other salary obtainable or changes to |appropriate administration process | |

| |if DOL is current with request or | |employment terms and conditions without |Employee must visit DHR to complete Form I-9 and receive employee | |

| |backlogged) | |new petition to USCIS |portion of USCIS issued approval notice by the first day of work | |

| |Position recruitment required for | |HHH1B can only receive and accept pay | | |

| |permanent positions | |compensation, paid expenses and/or | | |

| |Position and funding eligibility verified | |reimbursements through NCA&TSU | | |

| |by DHR prior to initiating H-1B process | | | | |

| |Sponsoring department responsible for | | | | |

| |return cost of transportation if visitor | | | | |

| |is dismissed before the petition period | | | | |

| |expires | | | | |

|TN (NAFTA) |Must be Canadian or Mexican citizen. |Canadian citizens status may be valid in|Can be paid a salary, not transferable to|Department Advertise/Recruit for Position (according EEO |Department Chair |

| |Possession of professional degree and |three-year increments* |a new position (must be based on terms of|Requirements) as applicable |Dean |

|TN classification is strictly limited to |skills for a position that is listed among| |offer letter used to enter U.S.) |If final candidate is a foreign national, discuss hiring |EEO/AA Officer (if recruitment applicable |

|engagement in one of the 63 |the eligible professions on the TN List. |Mexican citizens status is limited to | |requirements with Department Chair and Dean for approval to hire |for position) |

|NAFTA-specified occupations listed in |Canadians can obtain permission at US |one-year increments | |If offer of employment is approved, request candidate to complete |Division of HR |

|Appendix 1603.D.1 of Annex 1603 of the |Border Port of Entry w/ appropriate | | |Criminal Conviction Check form and submit to DHR for clearance |U.S. Port of Entry |

|NAFTA |documentation (no visa required) |*Term of employment with University will| |Upon clearance of criminal conviction check process, provide offer |U.S. Citizenship & Immigration Service |

| |Mexican citizens must have an employer |dictate year increments and be outlined | |letter of employment for applicable term to visitor and forward a |(USCIS) (Mexican citizen) |

|Position with University must require a |file petition with USCIS (can be lengthy |in offer letter of employment by | |copy to FN Employment Manager in DHR |U.S. Embassy (Mexican citizen) |

|NAFTA professional |process) |sponsoring department | |Department submit all required new hire documents through the |EPA Salary and Budget Administration |

| |Entry is employer-specific for pay | | |appropriate administration process |Payroll Office |

|TN employment with NCA&TSU is for EPA |Temporary employment only | | |Visitor completes Form I-9 and Foreign National Information Form | |

|academic positions only (as applicable to |Receipt of Form I-94 at Port of Entry | | |with DHR by the first day of work | |

|NAFTA professions list) |(Arrival/Departure Record) which | | | | |

| |stipulates entry and end date of status | | | | |

|0-1 Alien of Extraordinary Ability |Must show evidence that applicant is among|*3 years for initial period, can be |Must be paid a salary as petitioned and |Advertise/Recruit for Position (according EEO Requirements) as |Department Chair |

| |the top few in the world in area of |renewed in one year extensions (no |approved by USCIS; salary must meet |applicable |Dean |

|This category is not an automatic option |specialization |maximum on annual renewals) |minimum requirements (benefits are not |If final candidate is a foreign national, discuss petitioning |EEO/AA Officer (if recruitment applicable |

|for hire. NCA&TSU will only consider O-1 |Must be internationally recognized for | |required; unless part of established |requirement with Department Chair and Dean for approval to hire |for position) |

|sponsorship if H-1B employment is not an |contributions |*Dependent upon term of the employment |position classification) |If offer of employment is approved, request candidate to complete |Division of HR |

|option for hire. |Petition application required to USCIS |contract and/or funding availability | |Criminal Conviction Check Form and submit to DHR for clearance |U.S. Citizenship & Immigration Service |

| |Temporary visa with no intent to abandon | | |Upon criminal conviction check clearance, DHR will initiate |(USCIS) |

|Processing timeline can take up to 6 |country | | |internal clearance for Export Control with department |U.S. Embassy (if candidate is outside the |

|months for approval |If outside the US, requires the visitor | | |If export control cleared, DHR will issue O-1 Packet to department |U.S.) |

| |to apply visa with U.S. Embassy | | |for completion |EPA Salary and Budget Administration |

|Sponsoring Department responsible for all |Sponsoring department responsible for | | |Upon receipt of completed O-1 packet and all supporting documents |Payroll Office |

|cost associated with beneficiary O-1 |return cost of transportation if visitor | | |from department and beneficiary, DHR will initiate filing actions | |

|petition |is dismissed before the petition period | | |for O-1 status on behalf of visitor | |

| |expires | | |Upon receipt of approval notice from USCIS, DHR will consult with | |

|(Foreign national may not begin work at |If visitor subject to J-1 212(e): Two-Year| | |department and employee to confirm employment begin date | |

|the University until an official approval |Residency Requirement; cannot change | | |Department submit all required new hire documents through the | |

|notice is received from USCIS validating |status from J-1 to O-1 within the U.S. – | | |appropriate administration process | |

|term of employment as requested) |must apply for O-1 visa abroad and | | |Visitor completes Form I-9 and receives employee portion of USCIS | |

| |re-enter the U.S. | | |issued approval notice by first day of work | |

|Permanent Residence (Employment-Based) |Must have U.S. employer to sponsor |Indefinite; Naturalization option after |Salary required; no restrictions* |Department Requestor complete Recommendation for PR Sponsorship on |Department Chair |

| |Must be in a ‘permanent’ position with |5 years in PR status | |behalf of foreign national employee and submit for signature |Dean |

|No department or employee of the |University | |*No restrictions on salary mandated by |approval as stated on form |Office of Provost |

|University has authorization to offer or |Visitor must meet Ph.D. degree requirement| |USCIS |Return completed Recommendation Form and supporting documents to |EEO/AA Officer (if re-recruitment required)|

|guarantee Permanent Residence sponsorship |Department/employee must intend for | | |DHR to determine qualifications for sponsorship and category, as |Division of HR |

|during the recruitment, interview and |employment in position to be indefinite | |Departments must ensure salary offered |applicable |U.S. Citizenship & Immigration Service |

|selection process. Sponsorship for PR is |(for duration up to approval) | |and paid according to position guidelines|DHR will forward the department’s recommendation documents and DHR |(USCIS) |

|based on a recommendation procedure |Requires commitment of University to | |as established by the University/Office |assessment to Office of Provost for final | |

|administered through the Division of Human|employ visitor for maximum period required| |of State Personnel (as applicable) |review and determination of sponsor for PR through NCA&TSU | |

|Resources and approved by the Office of |to obtain PR status (can take up to 5 | | |If approved, an official notification will be sent to department | |

|the Provost and Vice Chancellor of |years) | | |chair, dean and employee | |

|Academic Affairs. |Requires Department of Labor – Labor | | |DHR will provide filing instructions to department and employee | |

| |Certification Application/Attestations | | |If special handling, will require completion of PERM Audit File | |

|The University will only consider |(i.e. Special Handling) | | |prior to initiating any actions for the PR application process | |

|sponsorship for employment-based Permanent|Petition filed by NCA&TSU | | |If special handling, requires completion of Labor Certification | |

|Residence for tenure-track teaching |University department have funding | | |Application w/DOL | |

|faculty and non-teaching research |resources to support all cost related to | | |DHR process USCIS application form (I-140) | |

|positions. The University sponsors only |the petition and salary for duration up to| | |Employee and department responsible for gathering and submitting | |

|two specific categories (i.e. Special |approval from USCIS | | |all supporting documentation for case | |

|Handling (teaching) and Outstanding |Visitor must be an H-1B employee with | | |DHR manages and updates all parties on case status, up to receipt | |

|Professors and Researchers) |NCA&TSU | | |of adjudicated decision from USCIS | |

| | | | | | |

|Sponsoring Department must pay all |Special Handling category has specific | | | | |

|petition cost |guidelines that must be met with regard to| | | | |

| |the filing timeline, recruitment/selection| | | | |

|A foreign national may self-petition for |process, PERM audit file and DOL Labor | | | | |

|permanent resident based on employment |certification. Contact DHR for specific | | | | |

|under the Extraordinary Ability or |details. | | | | |

|National Interest Waiver. There is no | | | | | |

|signature or completion of paperwork | | | | | |

|required from NCA&TSU (exception: | | | | | |

|employment verification letter). The | | | | | |

|employee is responsible for all fees | | | | | |

|associated with self-petitions | | | | | |

|F-1 Optional Practical Training (OPT) |Visitor independently applies for |12 months OPT authorized after |Can be paid a salary |Department Advertise/Recruit for Position (according EEO |Department Chair |

| |employment authorization with USCIS |completion of degree at each degree | |Requirements) as applicable |Dean |

|Although F-1 status is a student visa, |through SEVIS institution |level (i.e. BS, MS, Ph.D) |Departments must ensure salary offered |If final candidate is a foreign national, discuss hiring |EEO/AA Officer (if recruitment applicable |

|after completion of degree requirements, |Visitor in lawful F-1 status with | |and paid according to position guidelines|requirements with Department Chair and Dean for approval to hire |for position) |

|USCIS can grant employment authorization |employment authorization approved by USCIS|If completed degree in STEM field, may |as established by the University/Office |If offer of employment is approved, request candidate to complete |Division of HR |

|for the foreign national visitor to work |Visitor must be able to provide |be eligible for an additional 17 months |of State Personnel (as applicable) |Criminal Conviction Check form and submit to DHR for clearance |U.S. Citizenship & Immigration (USCIS) |

|with a U.S. employer |documentation for employment authorization|of employment authorization (must be | |Consult with DHR to initiate Export Control clearance (FN |EPA Salary and Budget Administration |

| | |processed through SEVIS institution to | |Employment Manager) |Payroll Office |

|F-1 visa status is temporary. If a hiring|Employment with NCA&TSU temporary in EPA |confirm eligibility) | |Upon Export Control clearance, Department submit all required new | |

|department employs an F-1 in a permanent |academic/research position | | |hire documents through the appropriate administration process | |

|position with the University, the |Employment must be in major field of study| | |Employee must visit DHR to complete Form I-9 and Foreign National | |

|department must transition employee to |for which degree issued | | |Information Form by the first day of work | |

|H-1B within 6 months of hire |If eligible for 17 months STEM extension, | | |If perm position, thereafter, department consult with DHR to | |

| |must show proof of employment with a | | |initiate H-1B process | |

|No sponsorship or cost to NCA&TSU hiring |specific employer and employer must | | | | |

|department for visitor to apply for OPT |participate in the E-Verify Program | | | | |

Disclosure Notice

This at-a-glance chart is provided to assist with understanding the general requirements for foreign national visitors and North Carolina A&T State University. It does not disclose full details for each visa category. For more detailed information regarding the visa categories, visits to and employment with North Carolina A&T State University, please refer to the Foreign National Employment Policy.

The information documented is subject to change without notice in accordance to University, Federal and State regulatory guidelines and procedures.

Visitors and potential employees should manage all questions and inquiries through the sponsoring or hiring department.

Questions? Please call the Division of Human Resources at 336.334.7862.

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