Business Policies and Procedures Manual

Employing Non-U.S. Citizens

BPPM 60.05

For more information contact:
   International Programs
   509-335-4508


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 they complete 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 Forms and Letters website.

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 Workday. (see BPPM 60.27).

Immigration Status

General Restrictions

IM – Permanent Resident / Immigrant

WSU may employ a permanent resident / immigrant on a permanent or temporary basis.

B-1 – Visitor for Business

Under this category, individuals are not eligible for employment.

B-2 – Visitor for Pleasure

Under this category, individuals are not eligible for employment.

E-3 – Temporary Australian Worker in Specialty Occupation

To be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating E-3 status.

E-3D – Spouse or Child of Temporary Australian Specialty Worker

To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.

F-1 – Student

WSU 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-1 – With Optional Practical Training

WSU 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-1 – With Curricular Practical Training

WSU 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-2 – Spouse and Children of F-1 Student

Under this category, individuals are not eligible for employment.

H‑1B – Alien who will perform services in a Specialty Occupation

USCIS 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‑4 – Spouse and Children of H-1B Alien

Under this category, individuals are not eligible for employment.

J‑1 – Exchange Visitor-Research Scholar / Professor / Short-Term Scholar / Specialist / Student Intern

WSU 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-1 – Exchange Visitor-Student

WSU 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-2 – Spouse and Children of J-1 Alien

To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.

K-1 – Fiance or Fiancee of a U.S. citizen

The alien must have an unexpired Employment Authorization Document issued by USCIS.

K-3 – Spouse of a U.S. Alien

The alien must have an unexpired Employment Authorization Document issued by USCIS.

O-1 – Alien of Extraordinary Ability

USCIS 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-3 – Spouse or children of O-1 Alien

Under this category, individuals are not eligible for employment.

TN – NAFTA Professional, Mexican National / Canadian National

To be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating TN status.

TD – Spouse and Children of TN-1 or TN-2 Alien

Under this category, individuals are not eligible for employment.

TR – Temporary 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.

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Revisions:  December 2020 (Rev. 559)