104.4 - Hiring International Faculty Policy

University Group Policy #104.4

Policy Statement

Winston-Salem State University’s excellent teaching reputation is attracting a growing number of international applicants for various faculty and professional administrative positions. With the move to the Master’s category and related campus activity surrounding research and scholarship and regional economic development initiatives, more research, teaching, and administrative positions will result in the recruitment of highly qualified international candidates that will contribute to the university's intellectual and cultural diversity.

Because of the complexity of the federal laws regarding nonimmigrant employment in the United States, all employer-sponsored petitions must be filed in accordance with federal regulations, as they may be amended from time to time.

Guidelines

A. H-1B/Non-Immigrant Petition

The H-1B is employer-sponsored and is available for individuals who are coming into the United States temporarily to perform services as professionals in specialty occupations or that are currently in the United States seeking temporarily to perform services as professionals in specialty occupations, as defined by federal regulations, as they may be amended from time to time. The employee will not be permitted to work until the petition has been approved by U.S. Citizenship and Immigration Services (USCIS) or until the employee is otherwise legally authorized to work in the United States.

  1. Tenure-track Faculty. Academic departments that have a foreign national candidate for a tenure-track faculty position and want to support an H-1B petition must obtain the written approval from the Provost before an offer of employment is extended. The Dean will consult with the Office of Faculty Affairs to (i) review the qualifications of the prospective employee, (ii) determine whether the university can sponsor the prospective employee, (iii) review the department's recruitment process, and (iv) ensure that the federal government's requirements have been satisfied. Because authorization to work and reside in the United States on a permanent basis is a fundamental condition for tenure, only employees who have possess an H- 1B, O-1, or permanent residence application/authorization may apply for tenure. Tenured, tenure track or fixed year contract employment will end at any time that authorization to work in the US is rescinded or denied.
  2. Non Tenure-Track Faculty. WSSU will not sponsor a foreign national in a non-tenure track position, but may hire a foreign national for a fixed year contract pursuant to any authorization to work allowed by a treaty between the US and any foreign government. Written approval from the Provost must be obtained before an offer of employment is extended.
  3. Other Academic Positions. Academic departments that have a foreign national candidate for any position other than a tenure-track faculty position and want to support an H-1B petition must first consult with the Office of Faculty Affairs. Written approval from the Provost must be obtained before an offer of employment is extended.
  4. SHRA and EHRA Non-Faculty Positions. WSSU will not sponsor H-1B petitions for SHRA and EHRA Non-Faculty positions due to the rigorous requirements pertaining to education, expertise, specialty occupation, and DOL labor certification.
  5. H-1B Petition Request. The process to request employment sponsorship can be found in the Hiring and Sponsorship Guidelines of International Faculty. Failure to comply with the process for hiring and sponsoring international faculty may result in the H-1B petition being rejected, delayed or denied.

B. Permanent Residency (Immigrant Petition/Green Cards).

WSSU will file an immigrant petition (I-140) on behalf of a foreign national employee petitions for permanent resident status in certain limited circumstances. Such petition will be supported only for tenure-track faculty, using PERM Special Handling or Outstanding Researcher/Professor. The process to request permanent residence can be found in the Hiring and Sponsorship Guidelines of International Faculty. Failure to comply with the process for hiring and sponsoring international faculty may result in the immigrant petition being rejected, delayed or denied.

Applicability

This policy applies to EHRA Faculty positions at Winston-Salem State University.


Responsible Division: Provost and Vice Chancellor for Academic Affairs

Authority: Board of Trustees

History:

  • Adopted: June 20, 2008

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