Department Guide to Hiring Foreign Faculty and Staff
Do not let fear of the visa process prevent you from hiring the best and brightest candidates available. U. S. law provides several ways for employers to hire foreign nationals. For example, USCIS (formerly INS) issues H-1B work visas each year and there is no cap on the number of H-1B visas available for universities and non-profit organizations. In addition, new or recent graduates of U.S. institutions on F-1 and J-1 visas are eligible for “practical training” and are hired regularly by U.S. employers. Some tenure-track faculty members may also be eligible for Lawful Permanent Residency Status (green card) status.
OISS can assist with your questions regarding this process and we encourage you to follow these simple steps when you are ready to hire a foreign national faculty and/or staff member to join NKU.
Step 1: Determine the current visa status of the person you wish to hire
Step 2: Contact the Office of International Students and Scholars (OISS) and provide information about the following: a) current visa status of the person you wish to hire b) current position or current job location c) highest level of education obtained and relevant degree required for the job
Step 3: If it is determined that NKU will be required to sponsor and file the appropriate paperwork with USCIS to bring the faculty member to NKU, then the Department will be informed to download the H-1B Request Packet available on our web site.
NOTE: Some foreign nationals will already have appropriate work documentation and will not require NKU to file any additional paperwork or petitions to U.S. Citizenship and Immigration Services.
Three most common mechanisms used at NKU for hiring foreign national faculty/staff:
OPTIONAL PRACTICAL TRAINING: For graduates in F-1 student visa status, Optional Practical Training allows up to twelve months of employment after graduation. However, the student must obtain permission from the university’s foreign student advisor where they currently attend classes and submit an application to CIS (formerly INS) in order to be approved for this training. Some students (on J visas) may be eligible for up to 18 months of training without even getting a work authorization card from CIS. The university can provide additional information.
Timing: New graduates can begin working immediately upon receipt of the work authorization card.
Cost: No cost to employer. Student pays $320 filing fee to CIS to get card. Average processing times are
between 60-90 days. Some students may have already filed for the card long before you interviewed them for a
position at NKU.
Employer Obligations: Treat employees on practical training just like other U.S. employees in terms of pay,
discipline, termination, etc. However, if you terminate their position you must notify the university immediately.
Students are not permitted to remain in the U.S. without a job for more than 90 days.
H-1B VISAS: This is an extremely popular work visa. It is available to foreign nationals who (a) have at least a U.S. Bachelor’s Degree or foreign equivalent and (b) will be working in a job that requires at least a Bachelor’s Degree. The employer must submit a visa petition to the CIS.
Department Obligations:
A) Download an H-1B Request Packet from the OISS web site and send the packet to the foreign national faculty
and/or staff member you wish to hire (Part I is to be completed by the department and Part II is to be completed by
the foreign national faculty and/or staff member.
B) OISS will provide a Notice of Filing document that must be posted by the department for ten days in two locations
at the worksite.
C) Pay the actual wage or the prevailing wage (whichever his higher) as determined by the U.S. Department of
Labor.
D) According to Federal Regulations, the Employer is obligated to pay “… at least the Actual Wage level paid by the
employer to all other individuals with similar experience and qualifications for the specific employment in question or
the Prevailing Wage Level for the occupation in the area of employment, whichever is higher.” 20 CFR 730
E) Pay the same wage and benefits provided to U.S. workers in similar jobs. Pay return transportation to the home
country if you terminate the position prior to the ending date on the H-1B petition (only required if necessary).
F) There is no need to advertise the position, and no need to determine if U.S. workers are available to fill the position.
Timing: Normal processing times can vary. However, USCIS has special “premium processing” which guarantees
processing in15 days. Premium Processing requires an extra $1,000 filing fee.
Cost: CIS’ normal Filing Fee for employers is $320 plus a “Fraud Prevention” Fee of $500 which is only required for the
INITIAL H-1B filing (subsequent extensions only require the filing fee every time).
LAWFUL PERMANENT RESIDENCY: This is generally only used after the foreign national faculty and/or staff member has already started employment with NKU. However, in the case of a tenure-track teaching faculty, it is extremely important and beneficial to file a petition for lawful permanent residency within the first 18 months of the selection date (this is not the actual start date of employment but the date the faculty member was selected for the position as noted on the offer letter). It is only available to faculty who have teaching responsibilities and have been offered a permanent research position and/or a tenure-track faculty position.
Please consult with OISS if you have hired a foreign national teaching faculty member as soon as you have made the offer of employment. If eligible, you will be instructed by OISS to download an LPR Request Packet from our web site.