Office of Procedures, Records, and Forms Business Policies and Procedures Manual

PERSONNEL 60.05 Revised 6-13 International Programs 509-335-4508

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Employing Non-U.S. Citizens

Immigration Status

U. S. Citizenship and Immigration Services (USCIS) assigns an immigration status to each alien residing in the United States. Except for permanent residents/immigrants, most aliens who have employment authorization may be employed on a temporary basis only.

Assistance

Contact the Office of International Programs (IP) prior to employing an alien.

  • IP evaluates the alien’s circumstance to determine any employment restrictions or resolve employment questions prior to WSU employment.
  • IP and hiring departments jointly complete the U.S. Citizenship and Immigration Services (USCIS) forms and, if applicable, U.S. Department of Labor (DOL) and U.S. Department of State (DOS) application materials.
  • IP signs USCIS, DOL, and DOS forms regarding nonimmigrant employment on behalf of WSU. Processing Employment Eligibility Verification (I-9) forms is an exception (see BPPM 60.04).

Foreign Worker Disclosure Statement

The University must provide a disclosure statement regarding the statutory protection against human trafficking to each worker who is a non-U.S. citizen and who comes to the state of Washington based upon an offer of employment. (RCW 19.320.020)

Procedure

If a new employee provides documentation of non-U.S. citizenship when he or she completes the I-9 form (see BPPM 60.04), the department must provide a Foreign Worker Disclosure Form to the employee. To obtain copies of the form, go to the Human Resource Services website at:

hrs.wsu.edu/fwds

Contact HRS for assistance if the new employee is not fluent or literate in the English language. The new employee signs the form. The department provides the original signed form to the employee and maintains a copy in the department personnel file.

Immigration Codes

Following is a list of immigration status codes and general restrictions on employment. Departments enter the following codes on personnel actions processed through the online Personnel/Position/Payroll Electronic Routing Management System (PERMS) (see BPPM 60.25) and the Temporary Employment System (TEMPS) (see BPPM 60.27).

IMPermanent Resident / ImmigrantWSU may employ a permanent resident / immigrant on a permanent or temporary basis.
B‑1Visitor for BusinessUnder this category, individuals are not eligible for employment.
B‑2Visitor for PleasureUnder this category, individuals are not eligible for employment.
E‑3Temporary Australian Worker in Specialty OccupationTo be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating E-3 status.
E‑3DSpouse or Child of Temporary Australian Specialty WorkerTo be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.
F‑1StudentWSU may employ an international student who is authorized to attend WSU and is otherwise in lawful F-1 status.

Hours of employment may not exceed 20 hours per week while school is in session. During vacation periods, employment can be full-time.

Employment of a foreign student must not displace a U.S. worker. This rule does not apply to a teaching or research assistant.
F‑1With Optional Practical TrainingWSU may employ an F-1 student who has an unexpired Employment Authorization Document issued by USCIS under the Optional Practical Training program. Employment must be related to the student’s major field of study.

The student must be otherwise in lawful F-1 status.
F‑1With Curricular Practical TrainingWSU may employ an F-1 student who has been authorized for Curricular Practical Training as indicated on a Form I-20 by the Designated School Official. Employment must be related to the student’s major field of study.

The student must be otherwise in lawful F-1 status.
F‑2Spouse and Children of F-1 StudentUnder this category, individuals are not eligible for employment.
H‑1BAlien who will perform services in a Specialty OccupationUSCIS must approve an H-1B employer-specific petition for WSU and grant an alien H-1B status prior to WSU employment. Employment is permitted only during the period indicated by the authorized dates in the approved petition.
H‑4Spouse and Children of H-1B AlienUnder this category, individuals are not eligible for employment.
J‑1Exchange Visitor-Research Scholar / Professor / Short-Term Scholar / Specialist / Student InternWSU may employ a J-1 exchange visitor in one of these subcategories. To be eligible for WSU employment, the alien must have an unexpired Certificate of Eligibility for Exchange Visitor (J-1) Status/DS-2019 form issued by the WSU Office of International Programs (IP). An alien presenting a DS-2019 form issued by another institution must also present a letter signed by the Responsible Officer/Alternate Responsible Officer from that institution specifically authorizing the alien to be employed at WSU.
J‑1Exchange Visitor-StudentWSU may employ a J-1 student who is authorized to attend WSU and has obtained a work authorization from the Responsible/ Alternate Officer of the Exchange Visitor Program.

Hours of employment may not exceed 20 hours per week while school is in session. During vacation periods, employment can be full-time.

The student must be otherwise in lawful J-1 status.
J‑2Spouse and Children of J-1 AlienTo be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.
K‑1Fiance or Fiancee of a U.S. citizenThe alien must have an unexpired Employment Authorization Document issued by USCIS.
K‑3Spouse of a U.S. AlienThe alien must have an unexpired Employment Authorization Document issued by USCIS.
O‑1Alien of Extraordinary AbilityUSCIS must approve an employer-specific petition for WSU prior to WSU employment. Employment is permitted only during the period indicated by the authorized dates in the approved petition.
O‑3Spouse or children of O-1 AlienUnder this category, individuals are not eligible for employment.
TNNAFTA Professional, Mexican National / Canadian NationalTo be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating TN status.
TDSpouse and Children of TN-1 or TN-2 AlienUnder this category, individuals are not eligible for employment.
TRTemporary Resident (pending 1-485 Permanent Residency application)To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.