Hiring Foreign Nationals

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  1. The advertising of position announcements must include the statement: "SIUC is an Affirmative Action/Equal Opportunity employer that strives to enhance its ability to develop a diverse faculty and staff and to increase its potential to serve a diverse student population. All applications are welcomed and encouraged and will receive consideration.” Under the requirements of the Immigration and Control Act of 1986, hiring officials must not refuse to hire new employees or otherwise discriminate on the basis of foreign appearance, language, or name; it is a violation of civil rights laws to discriminate against employees or applicants for employment on basis of national origin. In compliance with the law, selected candidates must be able to produce documentation to the Immigration and Naturalization Service (INS) for establishing employment eligibility in the United States and must be eligible to begin work on the commencement date of their contracts.
  2. The verification process for accepting a position is the responsibility of the hiring unit and college and applies to all types of employment, including faculty, administrative/professional, civil service, graduate assistant, and student worker. The verification is to be completed on Form I-9 (Employment Eligibility Verification) which needs to be signed by the employee. Candidates for employment who are unable to provide the necessary documentation for verification are not eligible for employment at SIUC. The Form I-9 must be filled out and dated not later than three business days following commencement of employment. For any person who is to perform classroom instruction, the Oral English Proficiency Form must also be completed at the time of employment and be verified by the hiring official. Because foreign nationals may have unique and unanticipated conditions for employment, the office of International Students and Scholars should be contacted for information regarding the Form I-9, copies of which may be obtained from Human Resources or International Students and Scholars.
  3. If a foreign national is selected for employment, the offer must include a written statement that the offer is contingent upon the candidate holding appropriate authorization for employment on the beginning date of employment. Foreign nationals employed at another university cannot change their location of work without INS consent. Candidates must receive notification of extension on their I-94 (Arrival/Departure Card) before beginning work at SIUC.
  4. Foreign nationals hired from advertised continuing tenure-track positions must receive a continuing tenure-track appointment. The following statement should be noted under Special Conditions of Appointments for faculty holding temporary work authorization: "This appointment is contingent upon the appointee's continuing ability to comply with verification requirements of the Immigration Reform and Control Act of 1986. Loss of appropriate authorization to work in the U.S. shall result in automatic termination of this appointment."
  5. Any questions concerning the hiring of foreign nationals as civil service employees should be directed to Human Resources.
  6. International Students and Scholars at SIUC is authorized to issue IAP-66 forms for visiting faculty and research scholars under the Exchange-Visitor Program governed by the U.S. State Department. Appointments under the Exchange-Visitor Program involving paid university employment must have prior approval through a Search Waiver process, with approval by Affirmative Action, before an appointment is finalized. Exchange-Visitor Program appointments, which are non-paid (0%/$0) status, can be initiated by the consenting unit through the appropriate administrative head (chair, dean/director, and vice chancellor).
  7. The hiring and continuous employment of foreign nationals require monitoring by the hiring unit and college to ensure, where required, that annual documentation is submitted by the employee for maintaining his/her employment status. It is recommended that both administrative levels maintain visa status documentation. A tracking system must be implemented within the hiring unit so that, should questions be raised concerning visa status, verification can be provided.