EMPLOYMENT DOCUMENTS REQUIRED FOR NONIMMIGRANTS
(NON-RESIDENT ALIENS)

On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned into the Bureau of Citizenship & Immigration Services (BCIS) now known as the U.S. Citizenship and Immigration Services (USCIS) which is within the U.S. Department of Homeland Security (DHS).

The “Foreign National Information Form” must be completed by the nonimmigrant and attached to the appointment papers before receipt of any form of payment. If you have questions concerning this form, contact Eydie Thurston, Human Resources, 644-6470.

Prior to employment by FSU
Nonimmigrants (non-resident aliens) MUST have one of the following and have a copy of the indicated documents attached to the appointment papers:

1. TN status (Canadians or Mexicans), proven by I-94 and if applicable, I-797 Approval Notice. TN status is activity and employer specific. A nonimmigrant may be admitted to the U.S. in TN status for the period of time required by the employer, up to a maximum initial period of stay of one year. TN professionals can receive extensions of stay in one-year increments, with no outside limit on the total period of stay .

If department expects to request FSU to submit the I-140 for permanent residency on behalf of the nonimmigrant, FSU should submit the I-129 on behalf of the nonimmigrant to USCIS requesting a status change to H-1B prior to the expiration of the TN. USCIS has made it clear that the TN status is for only temporary stays in the U.S. and may not be used for dual intent purposes, i.e. while awaiting permanent residency.

2. H-1B nonimmigrant status, proven by I-797 Approval Notice secured by FSU and I-94 issued by the USCIS reflecting the approved employment dates; if the nonimmigrant changed status in the U.S., the I-94 appears on the I-797. If the individual is already in H-1B status and has been working for another employer, submit the I-797 Receipt Notice secured by FSU along with a current I-94 noting the H-1B status. H-1B status is activity and employer specific, with the exception of employment for a new employer from whom USCIS has already received a new H-1B petition. H-1B status may be approved for an initial maximum 3-year period (not to exceed the period of validity of the certified labor condition application (LCA)). Extensions of H-1B status may be obtained up to an additional 3 years, for a total maximum period of stay of 6 years .
3. J-1 nonimmigrant status proof:

Important: J-1 students and scholars in all categories are eligible for employment ONLY if they comply with the requirements of the J exchange visitor program: maintaining adequate insurance coverage for themselves and their J-2 dependents living in the U.S.; maintaining a full course of study (J-1 students only).

J-1 scholars, professors, or short-term scholars : valid processed DS-2019 (formerly IAP-66) issued by FSU reflecting approved employment dates and valid I-94 card marked D/S (duration of status).

J-1 students : valid processed DS-2019 (formerly IAP-66) issued by FSU and I-94 card marked D/S; letter for employment authorization issued by the International Center (IC). With the employment authorization letter, J-1 students are allowed to work on campus for up to 20 hours/week, except official school breaks and holidays when full-time employment is allowed. Note : FSU students with DS-2019 forms issued by other entities (e.g., Fulbright) are eligible to work if they meet the same conditions listed above and obtain an employment authorization letter from the entity that issued their DS-2019.

J-1 students on academic training : valid DS-2019 (formerly IAP-66), I-94 card marked D/S, and letter of authorization for academic training. The letter authorizing academic training must be issued by same institution that issued the DS-2019 and will specify the employer and whether employment will be full or part-time.

4. F-1 non-immigrant status proof:

FSU does not employ those in F-1 status in faculty positions, except as adjuncts, unless they have obtained EAD/OPT status. If an F-1 student is appointed as an adjunct, she/he may not be currently enrolled as a student during the semester in which they are appointed as an adjunct.

Important : F-1 students are eligible for employment ONLY if they maintain a full course of study (except those who have already graduated and are pursuing post-completion OPT). OPT can only be used for work related to the degree for which the student has obtained this authorization.

F-1 students in a degree program : valid processed I-20 issued by FSU and valid I-94 card marked D/S. F-1 students are allowed to work up to 20 hours/week except during official school breaks and holidays when full-time employment is allowed. F-1 students may work full time during the summer (annual break) if they are not enrolled as a full-time student.

F-1 students on pre-completion optional practical training (OPT prior to graduation): valid I-20 endorsed by the Designated School Official (DSO) and valid employment authorization document (EAD) issued by USCIS. Pre-completion OPT can be full-time or part-time; such details are evident in the DSO's notation on the I-20 as well as on the EAD card.

F-1 students with authorized curricular practical training : Valid I-94 card marked D/S and valid I-20 (from any school) with authorization for FSU employment written on page 4 of the I-20. The written authorization will specify either full or part-time employment and the duration of the authorization.

Post-completion OPT (after graduation): valid EAD only.

5. O-1 aliens of extraordinary ability: proven by I-797 Approval Notice secured by FSU and I-94 issued by USCIS reflecting the approved employment dates. There is no limit on the period of stay for an O nonimmigrant, but the initial period can be approved for up to three years. Extensions can be granted in one-year increments.
6. Other nonimmigrants with employment authorization : There are many additional categories of nonimmigrants who may be authorized to work. They should have a valid Employment Authorization Document (EAD) as evidence of their legal right to work.

QUESTIONS???
If you have questions regarding securing employment authorization for nonimmigrants , please contact the International Center: 1) Kristen Hagen for faculty H-1, O-1, and TN, and permanent residency, 644-9563, 2) Tanya Schaad for all J-1, 644-0977, and 3) Meredith Medda (644-0662) or Erin Skelly (645-6879) for all F-1, 644-0662.

If you have questions regarding appointments of nonimmigrant faculty, contact Linda Gross, Dean of the Faculties Office, 644-6876.

Further information can also be obtained from the website for the International Center at and the Office of the Dean of the Faculties.

9/27/04
L. Gross