Employment Eligibility for International Scholars

The University of North Dakota must comply with federal regulations regarding the employment of foreign nationals (non-United States citizens and non-permanent residents). It is important to ensure that each foreign national employed or on academic appointment at UND either has an immigration status, which permits that affiliation or has been granted permission by the U.S. Citizenship and Immigration Service (USCIS). The UND Office of International Programs handles applications and information regarding visas for international faculty, researchers, and employees. The Office of International Programs is UND’s liaison with immigration authorities. International Programs offers J-1 visa sponsorship and is the only petitioner to the USCIS for H-1B visas in specialty occupations based on UND employment.

Please refer to the procedures for 'Hiring Postdoctoral Fellows and Research Assistants and Associates' on the Affirmative Action Office website at: www.und.edu/dept/aao/hirepostdocs.htm.

Visa Employment Eligibility

Lawful Permanent Resident | F-1 Student | J-1 Exchange Visitor (Student) | J-1 Exchange Visitor (Professor, Research Scholar, or Short-Term Scholar) | J-2 Dependents of J-1 Exchange Visitors |

TN – Trade NAFTA (for citizens of Canada and Mexico) | H-1B Temporary Worker in a Specialty Occupation

Foreign Nationals Who May Work and Study in the United States Without Restriction:

1. Lawful Permanent Resident. Individuals who have permission to reside in the United States on a permanent basis (i.e., holder of a “green card”).
   • Form I-551, Resident Alien Card (or I-551 stamp in passport).
   • The card must be reissued every 10 years, however, the individual’s status does not expire.

• Other categories exist such as Refugees, Asylees, Conditional Permanent Residents, Fiancé/Fiancée, etc.

Foreign Nationals in Nonimmigrant Visa Classification Who May Be Lawfully Employed in the United States with Certain Restrictions:

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1. F-1 Student. Individuals in the United States engaging in a full course of academic study in an accredited educational program.

• May participate in employment directly related to field of study. This employment may take the form of:

• Curricular Practical Training. Employment required for completion of the student’s degree program. Requires approval of Designated School Officer (DSO) on SEVIS Form I-20. An Employment Authorization Card is not required. Employment authorization is employer specific.

• Optional Practical Training. Employment during or after completion of studies. The total period of employment may not exceed 12 months. Requires recommendation of DSO and approval by the U.S. Citizenship and Immigration Service. An Employment Authorization Card issued by the USCIS is required.

• May work on campus 20 hours per week during school year and full-time during Christmas holiday and summer break.

• Economic Hardship requires USCIS approval for off-campus work and an Employment Authorization Card issued by the USCIS.

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2. J-1 Exchange Visitor (Student). Individuals in the United States as J-1 Exchange Visitors for the primary purpose of studying at an academic institution under the auspices of the U.S. Department of State and a designated program sponsor.

• May be employed on the campus of the school in which they are enrolled to a maximum of 20 hours per week with prior written authorization from the Responsible Officer (RO) of their designated program.

• May work off campus under limited circumstances provided they have obtained prior written authorization from the RO.

• Employment does not require additional permission from USCIS or an Employment Authorization Card.

• Eligible for up to 18 months of academic training following the completion of their academic program (36 months for postdoctoral training).

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3. J-1 Exchange Visitor (Professor, Research Scholar, or Short-Term Scholar). Individuals in the United States as visitors under the auspices of the U.S. Department of State and a designated program sponsor.

• May be employed only by the designated program sponsor or appropriate designee, and within the guidelines of the program approved by the U.S. Department of State for the period of validity as stated on the SEVIS Form DS-2019. The J-1 visa is not meant for tenure-track positions.

• Under limited circumstances, may receive compensation from other institutions provided prior written authorization from the Responsible Officer of their designated program has been secured.

• Form DS-2019 authorizes employment. Employment Authorization Card from the USCIS is not required.

• Specific participation and time restrictions/limitations exist for the different categories.

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4. J-2 Dependents of J-1 Exchange Visitors. Individuals in the United States as visitors under the auspices of the U.S. Department of State and a designated program sponsor.

• May apply for and receive employment authorization from the USCIS.

• If their application is approved, they will receive an Employment Authorization Card, which will document their employability and the dates of validity.

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5. TN – Trade NAFTA (for citizens of Canada and Mexico). Individuals in the United States to perform professional services for a sponsoring employer in a specific position for a fixed period of time. This visa is not meant for tenure-track positions.

• May be employed and compensated only by the sponsoring employer through whom the status was obtained in an activity in accordance with the provisions of the NAFTA Treaty.

• Canadians require only a Form I-94 card as employment authorization.

• Mexicans require a TN visa from a US Consulate.

• May be employed by more than one employer simultaneously, but must obtain TN status for each employer.

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6. H-1B Temporary Worker in a Specialty Occupation. Individuals in the United States to perform professional services for a sponsoring employer in a specific position for a fixed period of time. Employment authorization is granted for an initial period of up to 3 years. Extensions for an additional 3 years are possible for a maximum stay of 6 years.

• Employment permitted only with the sponsoring institution that obtained USCIS approval for the visa classification.

• Prohibited from receiving payments from other organizations.

• However, individuals may receive USCIS approval to work in H-1B status for more than one employer. Each employer must petition USCIS and receive approval for employment.

• Form I-797A authorizes employment. An Employment Authorization Card is not required.

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