Human Resources
Policies & Procedures

Illinois Institute of Technology
Policy No. A. 6.00

Date of Issue 4/97

Subject: Employment of Foreign Nationals

6.01 In compliance with federal regulations, United States citizens and permanent residents are given preference in employment over applicants who are in the United States on non-immigrant visas. This preference applies to faculty appointments, student employment and employment of all staff classifications.
 
6.02 Any candidate holding a non-immigrant visa who is offered employment must furnish evidence of employability and appropriate visa status before he/she may begin active employment. The candidate is responsible for obtaining the appropriate visa. In addition, the Immigration and Naturalization Service Employment Eligibility (Form I-9) is required for all new employees, including foreign nationals. This form must be completed within three days following employment.
 
a. Faculty 

 Before any offer of appointment is made for faculty or research associate, the department chair should ascertain, in consultation with the International Adviser, that the candidate is employable. A copy of the candidate’s visa must be furnished to the Dean or Director of the College or Institute before a formal letter of appointment is issued. If the appointment letter is needed to obtain the visa, then the International Advisor will so advise the Dean or Director and the letter will be issued with the appointment contingent upon obtaining the visa. A non-resident alien may not be appointed to a tenure-track position. Before an appointment letter is issued, an applicant claiming to be a permanent resident must furnish evidence of that status.
 

b. Staff 

Human Resources will determine, during the employment process, whether a candidate is employable. The INS document Employment Eligibility (Form I-9) must be completed and a copy of the candidate’s visa must be furnished prior to employment.  
 

c. Student Employees 

Under government regulations, students holding non-immigrant visas may not accept off-campus employment without the approval of the Immigration and Naturalization Service. INS permission is given only upon the recommendation of the university and in cases of economic change resulting in temporary insufficient financial means to cover necessary expenses. 

The International Office has the authority to certify such international graduate and undergraduate students for campus employment. The form, Application of International Student for Employment, properly completed and certified by the International Cultural Center, must accompany the employment application in the Student Finance Center. Re-certification is required annually. Payroll Authorizations for international student employees will not be approved by the Student Finance Center unless the certification has been secured.

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