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Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Date Adopted: 11-25-08
Dates Reviewed: 5-23-17, 2-24-21(C), 08-09-21
Last Date Board Approved: 5-23-17
This policy applies to the employment of Foreign Nationals regardless of their status at Lake Michigan College (the College). It establishes a framework for consistent practices related to compliance with Federal regulations governing the employment of Foreign Nationals, protects the College from penalties that could be incurred in the employment of unauthorized aliens, and helps employees avoid violating legal status.
Nothing in this policy will be used as the basis for violation of the College’s Non Discrimination policy, nor will it be construed to be a basis for circumventing Equal Employment Opportunity laws or College policies and procedures.
The College will select the best candidate for a position. If the best candidate is immigrating to the U.S., the College will not cover expenses for immigration unless required by law. Job specifications for all positions will be the same for all candidates. Under no circumstances may an employee knowingly employ or contract employment with a non-citizen unauthorized to work in the U.S.
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 her/his valid immigration status and work authorization throughout her/his 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 College employment and holds the required credentials. Holders of H-1B Visas may only be appointed for the time period permitted under the individual's status.
A Foreign National may choose to retain an attorney to represent their interests; however, the College will not pay for this private representation.
Foreign National employed by the College may not perform volunteer (i.e., unpaid) work outside the scope of the job duties approved by the Department of Labor and U.S. Citizenship & Immigration Services (USCIS).
It is the responsibility of each employee with hiring authority to ensure that employment offers to Foreign National applicants are contingent upon receipt of necessary work authorization documents, as directed by the Executive Director, Human Resources.
International Student Employees
Federal regulations allow an international student holding a J-1 Visa or F-1 Visa to work on campus on a part-time basis for a maximum of 20 hours per week during the academic year. International students may work 40 hours per week when classes are not in session (i.e., breaks and during the 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 their 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 12 credit hours each term during the academic year.
Foreign National: An individual who is not a U.S. citizen, permanent resident of the U.S., or a refugee or asylum applicant whose application had been approved by the USCIS.
F-1 Visa: A Nonimmigrant visa for international students attending a full-time degree or academic program at a school, college, or university. The F-1 Visa is valid for as long as it takes the student to finish their course of study.
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 their degree program.
J-1 Visa: A Non-immigrant visa issued by the U.S. to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S.
Nonimmigrant: A citizen of another country who has been admitted to the U.S. for a temporary period and for a specific purpose.
Permanent Resident: An individual who has been lawfully admitted to the U.S. to live as an immigrant holding a green card or its equivalent.