Office of Origin: Human Resources
Date Adopted: 11-25-08
Date Reviewed: 05-04-17
Last Date Modified & Approved: 05-23-17
This policy establishes a guideline for consistent decisions and practices to ensure compliance with Federal regulations governing the employment of foreign nationals. It serves to protect the organization from substantial penalties that may be incurred in the employment of unauthorized aliens and help individual employees from violating legal status.
This policy applies to the employment of foreign nationals regardless of their status at Lake Michigan College (the College).
The College will select the best candidate for each position. If the best candidate is immigrating to the United States, the College will cover no expenses for immigration, such as papers, visa, etc., unless required by law. Job specifications for all positions within the College shall remain the same for all candidates. Under no circumstances may any employee of the College knowingly employ or contract employment with a non-citizen unauthorized to work in the United States.
Job offers must be contingent on the candidate securing valid immigration status and work authorization before the expected start date. A foreign national employed by the College must maintain his/her valid immigration status and work authorization throughout his/her employment.
Any offer of employment to a foreign national under a nonimmigrant status is considered temporary and is subject to the terms and conditions of the specific individual’s immigrations status authorization.
Petitions from the College supporting H-1B visa classification will be reserved for a foreign national who has been offered employment at the College and holds the required credentials. Holders of H-1B visas may only be appointed for the time period permitted under the individual's status.
The Vice President, Administrative Services is permitted to authorize a private attorney to represent the College in any nonimmigrant or immigrant petition or application proceedings. A foreign national may choose to retain an attorney to represent his/her interests; however, the College will not pay for this private representation.
Nothing in this policy shall be used as the basis for discrimination against any individual or group because of age, color, height, weight, creed, disability, marital status, sexual orientation, national origin, political affiliation, race, religion, or gender identity or expression, nor will it be construed to be a basis for circumventing equal employment opportunity laws, policies, and standard employment procedures.
Each College official with hiring authority is responsible for ensuring that employment offers to foreign national applicants or candidates for positions are contingent upon receipt of necessary work authorization documents as directed through the Human Resources Department.
INTERNATIONAL STUDENT EMPLOYEES
Federal regulations allow an international student holding a J-1 or F-1 visa to work on campus on a part-time basis, maximum of twenty (20) hours per week during the academic year. International students may work forty (40) hours per week when classes are not in session (breaks and summer if the student is not registered for classes, but will be enrolled as a full-time student in the upcoming semester).
In most cases, international students are only allowed to work on campus, unless his/her status allows off-campus, academically-related work. International students are ineligible for federal work-study.
To be eligible for on-campus employment, international students must register for and complete a minimum of twelve (12) credit hours each term during the academic year.
Foreign National requiring work authorization by the U.S. Citizenship and Immigration Services (USCIS): An individual who is not a U.S. citizen, permanent resident of the United States, nor is a refugee or asylum applicant whose application had been approved by the USCIS.
Employee: An employee of the College is an individual who performs services that are subject to the will and control of the organization in terms of what must be done and how it will be done. An employee is paid through the payroll system, with accompanying tax withholding as provided by law.
Volunteer: An individual who performs activities to benefit the organization and who does not receive, nor expects to receive, payment or remuneration of any kind for such labor or service at any time. A foreign national employed by the College may not perform volunteer work outside the scope of the job duties approved by the Department of Labor and USCIS.
Permanent Resident or Resident Alien: An individual who has been lawfully admitted to the United States to live as an immigrant holding a green card, or its equivalent.
Nonimmigrant: A citizen of another country who has been admitted to the United States for a temporary period and for a specific purpose.
H-1B Visa: A temporary, nonimmigrant visa issued to a foreign national who has specialized education credentials and who has been offered a position requiring the application of a theoretical and specialized body of knowledge acquired in his/her degree program.
Responsibility: Vice-President, Administrative Services
References: U.S. Citizenship and Immigration Services