An Immigration Guide for Employing International Faculty, Scholars and Guest Speakers

The ability for a foreign national to be employed and/or compensated for services in the U.S. is dependent upon the non-immigrant visa status held by the foreign national and specific U.S. Citizenship and Immigration Services (USCIS) regulations that govern the visa. Many of the numerous non-immigrant visa categories permit an individual to be employed and/or compensated by a U.S. employer. However, in almost every case, employment and compensation are restricted to an identified sponsoring employer or organization, for a fixed period of time within a specific capacity. Although the USCIS regulatory intricacies vary depending on the type of position, length of employment and type of funding, the following will serve as an introductory guide when hiring a foreign national for a position at North Carolina Central University (NCCU):

Contact the Office of International Affairs (OIA) four to six months in advance, if possible, of hiring a non-U.S. citizen in need of a work visa/visa to work in a faculty or scholar position. We will provide you with the necessary information regarding the appropriate visa type, possible compensation, length of visit or stay and required documentation.

The H-1B visa category allows an individual from another country to work temporarily in the U.S. in a “specialty occupation.” The Immigration and Nationality Act defines a specialty occupation as one that requires the “theoretical and practical application of a body of highly specialized knowledge” and “attainment of a bachelor's or higher degree in the specific specialty (or its equivalent).”

The processing of H-1B petitions at NCCU is considered preferably for tenure-track positions. OIA offers H-1B visa regulatory advising for tenure-track faculty positions. Non-tenure-track positions that may be considered include the following academic research positions: senior research scientist, research scientist, and in rare instances, research associate and postdoctoral researcher. The most appropriate visa type for research associate and postdoctoral researcher positions is the J-1 visa. See the link to the POL 80.06.1 – Postdoctoral Scholar Policy. Non-tenure-track positions for consideration as noted above must:

• be full-time
• on appointment for at least one year
• not be eligible for any other visa category listed in the guide.

The process for hiring a non-U.S. citizen who is in need of a visa takes longer than the usual hiring process. It requires a petition to be filed with USCIS and approved by this agency before the faculty can begin employment.

It is necessary to contact OIA four to six months prior to the employment start date when hiring a new non-U.S. faculty member who needs an H-1B visa and filing under the normal H-1B processing timeframe.

In rare situations when Premium Processing is necessary, then the timeframe is two-to-three months’ prior notice. (See the note below on Premium Processing). Normal H-1B processing times by USCIS vary depending on the USCIS caseload and may take months.

OIA will be responsible for preparing and mailing the completed H-1B petition to USCIS. Copies of the completed petition will be kept on file in OIA, and a copy of the petition will be given to the faculty candidate for record-keeping purposes. OIA will provide authorized employment clearance to the Human Resources Office (OHR).

Please note: The faculty candidate may not begin work at North Carolina Central University until USCIS approves the H-1B status.

Documentation Required

The hiring department, and not the H-1B employee, should return the following items to OIA. Items not submitted by the requested timeframes may not ensure that a petition can be submitted to USCIS in a timely manner and may therefore delay the desired start date for the employee.

• Non-immigrant Sponsorship Department Questionnaire and supporting documentation as outlined in the questionnaire
• Prospective Employee Questionnaire and supporting documentation as outlined in the questionnaire
• Actual Wage Determination
• Export Control Internal Form
• Department Sponsor Letter

USCIS can take up to several months to process H-1B petitions. OIA’s internal processing time is approximately one month from the time all documentation is received, and petitions are processed in order of receipt of other immigration requests. OIA’s internal processing time includes time for the H-1B posting period, prevailing wage determination and filing of the Labor Condition Application (LCA) with the Department of Labor (DOL), completion of Form I-129 (Petition for Non-immigrant Worker), along with supporting documents, and collecting university checks.

Please keep these processing times in mind for when the faculty member’s H-1B authorization can realistically start. There are other regular processing fees associated with the H-1B petition as required by USCIS. As a courtesy to departments, OIA covers these fees.

USCIS also offers a Premium Processing option. The benefit of this option is that USCIS will process an application within 15 days of receipt. See the following link for the current fee: https://www.uscis.gov/i-907 (Filing form I-129 for H-1B). If this option is chosen, the responsibility for the cost is the hiring department’s – not the international employee's.

OIA will provide an invoice for the department’s use in obtaining the check. Checks must be made payable to the U.S. Department of Homeland Security (no abbreviations). The check should be forwarded to OIA to be submitted with the complete H-1B petition packet.

J-1 exchange visitors are primarily engaged in conducting research, observing or consulting in connection with NCCU. They may also teach or lecture as required by the academic department. The minimum academic requirement for a research scholar with teaching or lecturing responsibilities is a master's degree. The exchange visitor in the professor category may not be a candidate for a tenure-track position. Research scholars may be funded by NCCU, by their own university, by personal funds, by government funds, or by a combination of the above.

Temporary faculty or adjunct positions are primarily engaged in part-time or full-time teaching positions that are non-tenure track. The minimum length of time for an exchange visitor is ten days. The duration of the positions may not exceed five years. The appropriate visa type for a research scholar or temporary non-tenure track faculty member is J-1. The J-1 visa type has a mandatory health insurance requirement. OIA will advise on the minimum amount of health insurance required. A master's degree or above is required for this type of visa.

OIA must clear all J-1 scholars with the Office of Human Resources (OHR) before employment.

Important: Before proceeding with employing research scholars or visiting professors in J-1 status, please contact OIA at 919-530-7712 or [email protected] at least two months prior to the desired arrival time.

The B-1 visitor category is appropriate for an individual who seeks to come to the U.S. to conduct temporary activities that relate to their employment or business outside of the U.S. These activities cannot be considered employees, and therefore, B-1 visitors cannot be placed on the university payroll or work as an independent contractor.

International guest lecturers/speakers are occasionally hired for a short-term visit to campus. Academic institutions are permitted to pay honoraria and associated incidental expenses for certain professional academic activities lasting not longer than nine days at any single institution to persons in this visa status. The service performed must be conducted for the benefit of the academic institution and the individual may not accept payment or expenses from more than five institutions within the previous six-month period. The visitor must present a valid visa and Form I-94, Record of Arrival and Departure, to OIA upon arrival on campus as verification of immigration status. This verification by OIA is required before payment can be made by the University.

Documentation Required

No documentation from OIA is required. However, visitors must be prepared to submit to the U.S. Consulate (for B-1 visa) or at the U.S. Port of Entry (*for VWB visa) a valid passport, letter of invitation from the sponsoring University department and documentation from the individual’s business or employment abroad. A copy of the letter of invitation must be forwarded to OIA.

The departmental invitation letter must include: 

• The purpose of the visit
• The dates and duration of the visit (not to exceed 9 days on campus)
• That the person will not be employed
• How the cost of the trip will be covered
• That the person intends to depart the university and return home at the end of the visit
• Instructions to call OIA for an appointment immediately upon arrival on campus so OIA can provide immigration honoraria payment clearance to the Office of Accounts Payable. Visits that exceed nine days on campus are not appropriate for this visa type. Please see the J-1 scholar visa. 

* A VWB visa is a waiver of a visitor's visa for business purposes. A visit to the U.S. embassy or consulate is not required, and the visa is granted in customs at the U.S. port of entry, generally in the airports, for a maximum period of 90 days, with no extensions. The United States currently grants this visa waiver to 29 countries: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia (effective December 1, 2021), Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, South Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan and the **United Kingdom.

**Refers to those countries with unrestricted right of permanent residence in the UK (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man) and does not include British overseas citizens, British dependent territories’ citizens, or citizens of British Commonwealth countries.

The United States-Mexico-Canada Agreement (USMCA) established the TN category to allow Canadian and Mexican citizens to come to the U.S. for temporary, professional employment. TN employment is employer-based and employer-specific.

Below are the requirements and steps for a department to bring a prospective employee to the U.S. in TN status.

TN Eligibility Requirements

• Be a citizen of Canada or Mexico (It is not necessary for the person to have been born in Canada or Mexico)
• Meet the minimum qualifications from the list of USMCA professions. View the list of professions.
• Must not be “self-employed”
• May not work for another employer in addition to NCCU unless the other employer files a separate TN petition or the Canadian citizen departs and applies for re-admission at the port of entry.

TN status requires the job to be:

• A “pre-arranged” professional activity within one of the professions in the USMCA list. View the list of professions
• "Temporary"
• Job may be part-time or full-time

Note: Please note that most SHRA positions will not meet the requirements for the TN visa category, as most positions listed in the TN list of occupations require a baccalaureate degree or higher and most SHRA positions only need a combination of education and/or experience to meet the minimum job requirements. Therefore, the TN status is typically not an appropriate category when the minimum requirement does not include the attainment of a baccalaureate degree.

Dependents (spouse and children) are eligible for TD derivative status:

• To qualify for TD status, dependents do not need to be Canadian or Mexican. Those dependents who are not Mexican or Canadian must apply for a TD visa stamp at the U.S. Consulate before entry.
• Children must be unmarried and under 21.
• Those in TD status are not eligible to engage in employment but may attend school full-time.

Length of Stay

There are no limits to the length of stay and the Canadian citizen’s TN status may be obtained in three-year increments. Mexican citizens’ TN status may only be obtained in one-year increments.

Documentation to Provide to OIA to Request TN status for a Worker:

• Complete the non-immigrant sponsorship department questionnaire so that a determination can be made as to whether or not the intended job activities and worker qualify for TN employment. Once a determination has been made, the department will be notified and a copy of the NCCU official offer letter from Human Resources will need to be submitted to the Office of International Affairs (OIA) before the TN can be processed. The start date should allow at least a month for the TN worker to arrive.
• Passport, birth certificate or citizenship card of the individual to be hired.
  • If bringing dependents, include copies of each of their passports, marriage licenses, birth certificates for dependent children or adoption records.
• Evidence of the TN worker’s credentials (diplomas, certificates, resume/CV, memberships, professional licenses [if applicable], etc.). If credentials were earned outside of the U.S., Canada, or Mexico, then include an educational evaluation provided by a reliable credential evaluation service. Evidence of work experience should be in the form of letters from former employers. Also, all documents not in English should include a certified translation.

TN Status

The intended worker can obtain TN status in one of two ways:

1. The Canadian or Mexican citizen can apply for admission in TN status at a U.S. Port of Entry (only available to Canadian citizens. Canadian citizens would need a TN visa stamp if bringing a non-Canadian spouse and/or child. Mexican citizens must obtain a TN visa stamp from the U.S. consulate before applying for admission at a U.S. Port of Entry.) – the benefit is that it is a quicker process and more cost-effective.
2. OIA can file a TN petition with U.S. Citizenship and Immigration Services (USCIS) for a period not to exceed three years. As an option available if the Canadian or Mexican citizen is already in the U.S. and in a different valid non-immigrant status or if the Canadian or Mexican citizen is already in the U.S. in TN status, OIA can request an extension of the TN status.

If processing via a port of entry, OIA will provide the prospective TN worker with the letter of evidence of the “prearranged business activity” to provide to the U.S. consulate upon application for a TN visa stamp; and/or at the U.S. port of entry upon application for TN List of Professions. If filing with USCIS, OIA will prepare and file the petition with USCIS.

Here you can find helpful links, forms and resources.

See Resources