Hiring Foreign Faculty
Overview
The Center for International Education (CIE) will assist with processing non-immigrant applications for faculty. Each situation is different depending on the immigration history of the individual being hired and the position. The information below will provide you with a preliminary overview of the requirements. While it can appear that there is a great deal of paperwork, CIE will help departments and faculty sort through the bureaucratic maze.
The cost to a department can vary from $0 for a recent graduate who has optional practical training or J-1 exchange visitor visa to $1685 for a 3 year H-1B with premium processing. A permanent residence application which is normally paid by the faculty member can cost between $5-$10,000. CIE recommends that departments contact us for advice prior to offering employment to an individual. While we will gladly talk to the candidate, please notify us before having the candidate call us.
Non-tenure track positions
J-1 exchange can be used for temporary non-tenure track teaching and research positions for up to 3 years. It can also be used for short-term visitors coming to give lectures or do research. For information on the procedures for this type of visa, click here.
Canadians and Mexicans
For a Canadian citizen:
Under NAFTA, Canadians in certain temporary positions, such as faculty, can enter the U.S. in TN status. This only requires a letter from the employer that the faculty member can present at the port of entry. This can only be used for non-tenure track positions. This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. They must provide:
- A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
- Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
- Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
- Evidence of Canadian citizenship.
For a Mexican citizen:
An employer in the United States must file the I-129 petition and must file it with:
- A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
- Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
- Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
- Evidence of Mexican citizenship; and
- A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.
Tenure Track Positions
There are a number of possibilities for new tenure track faculty. Candidates currently in the U.S. studying in F-1 status may be eligible for one-year of Optional Practical Training following completion of their degree. OPT allows the faculty member to begin working in their field without any application from Loyola. CIE can then apply for the H-1 during the first year of employment. For candidates outside the U .S. or ineligible for OPT, the H-1B application is the most appropriate.
H-1B applications
H-1- is a temporary work visa that can be obtained initially for up to 3 years with an additional three-year extension. The application costs $320 plus $500 for an anti-fraud fee for new applications. The process can take from 2-4 months. Departments or the employee can pay an additional $1000 for premium processing which will take 15 days once the application is submitted to DHS. Once all paperwork has been submitted to CIE, it will take 1-2 weeks to complete the process and submit the application to DHS. Click here for more information.
Permanent Residence
Permanent residence allows an individual to reside and work permanently in the U.S. The application process can take from 2-4 years for a faculty member. Normally, a faculty member will first apply for an H-1Band then once this has been granted begin the process for permanent residence. The cost of the attorney and fees can run from $4,000 and up. Although the faculty member pays for the attorney, because of new DOL (PERM) regulations requiring attorneys to submit Labor certifications on-line using the Loyola account, only 3 attorneys in New Orleans are recommended. Contact CIE for recommendations. (List)
NOTE: Faculty in tenure track positions have 18 months from the offer of employment to submit a labor certification to the DOL, the first part of the permanent residence application. If the application is not submitted by then, a new search will have to be done before the individual can apply for permanent residence.
Staff
All staff employment must go through Human Resources. The university will not prepare immigration petitions for staff. Individuals and departments can choose to file applications using approved attorneys, following the guidelines below and after discussion with HR.
Guidelines for working with attorneys
H-1B Applications
Labor Condition Attestation - Attorneys must use the OES Survey with certification from the Louisiana Alien Labor Certification Unit. If the Department does not pay the filing fees than the employee's salary must be reduced by the amount of the filing fees for the LCA.
The Public File must be sent to CIE and should include the following documents:
- Prevailing wage certification
- Actual wage letter from department.
- Proof of posting (from Human Resources)
- Certified labor condition attestation.