Institutional Policy

ASU Institutional Immigration Policy: Employment of Foreign Scholars and Staff

It is imperative that foreign scholars and staff employed at Arkansas State University have the appropriate visa status at all times.  Failure to do so may result in severe penalties for both the employee and for the University.  The Faculty Immigration Specialist (FIS) deals with U.S. government agencies concerning visa and immigration matters for all international faculty and researchers at ASU.  The FIS staff advises academic and other departments appointing foreign scholars and staff about the immigration issues pertinent to the hiring of these individuals.

Who is a foreign “scholar” or staff member?

Throughout the U.S. a foreign “scholar” is usually considered to be an individual not enrolled in a formal degree program, who holds a temporary, non-immigrant visa and who engages in scholarly activities including, teaching, and/or research. Foreign scholars may be faculty members, post-doctoral research fellows, or visiting scholars.  Foreign staff are employees with a minimum of a bachelor’s degree working full-time in either a classified or a non-classified position at the University.

What responsibility does the University bear in bringing foreign scholars and/or staff to the U.S.?

The sponsoring office or department must make the appropriate arrangements for an academic or staff appointment.  If the appointment is a non-salaried one (as in the case of certain research scholars), the department should work with the FIS to confirm that sufficient funding is available for the scholar. It is a good idea for the sponsoring faculty member or department to make clear to a foreign scholar before he/she arrives at ASU what facilities (i.e. office space, secretarial help, health insurance, housing) will be available to him/her.

In most instances, the University will need to provide visa sponsorship to enable foreign scholars or staff members to enter the U.S. and/or to remain here for the time required to fulfill the intended purpose of their visit.  In the case of research scholars, the appointing academic department must ascertain, with assistance from FIS, that the individual has sufficient funds in U.S. dollar amounts to support himself/herself and any accompanying family members.  ASU cannot provide visa sponsorship for inadequately funded individuals.  For a J-1 (exchange visitor) scholar, an annual amount of at least $15,000 is required.  The salary rates for an H-1B visa holder (employee in a specialty occupation) must meet the prevailing wage for that occupation as determined by the Arkansas Employment Security Department.  If there is any question as to whether a foreign scholar or staff person’s appointment would qualify for ASU visa sponsorship, it is best to consult the Faculty Immigration Specialist before offering the position to that individual. 

What offices assist with the hiring of foreign scholars and/or staff?

The Faculty Immigration Specialist (FIS), housed in University College, prepares all forms DS-2019 (formerly IAP-66) for exchange visitors, whether they are instructors or researchers.  FIS has the authority and responsibility for submitting all H-1B petitions for foreign faculty and staff on behalf of ASU.  Attorneys representing individual foreign faculty and staff are not authorized to file such petitions on behalf of the University.

The Faculty Immigration Specialist works with the Office of Human Resources to ensure that the I-9s for foreign faculty and staff are appropriately completed.  They monitor in what capacity the alien may work and until when, following up with the Department of Labor (DOL) and the US Citizenship and Immigration Services (USCIS) if the employee’s title, duties or place of employment changes.  They notify the DOL and the USCIS if an H-1B employee leaves ASU before the end of the time period listed on the original H-1B petition.  The Office of Human Resources maintains a “public access file” and a DOL access file on each alien worker throughout his/her tenure at ASU. The Payroll Department, in the Office of Human Resources, advises all non-immigrant employees of the appropriate income tax withholdings. 

What steps should a department take in hiring foreign scholars or staff?

Departments must notify the Faculty Immigration Specialist (FIS) every time they hire a non-immigrant.  Any non-U.S. citizen who is not a U.S. permanent resident (also called “immigrant” or “green card holder”), whether presently living in the U.S. or residing abroad, will need to have some visa action taken on his/her behalf before beginning an appointment at ASU. This is the case even if the individual says that he/she already has a visa.  To notify FIS, departments must complete and forward to that office, Preliminary Data Sheets for each non-immigrant who has accepted a position with that department.

Does the University sponsor non-immigrants for permanent residency?

ASU does sponsor non-immigrants for permanent residency. However, the University does not have the resources to submit petitions for permanent residency on behalf of its foreign employees, be they faculty or staff.  Any individual seeking permanent residency through employment at ASU needs to secure the assistance of an immigration attorney. That person’s director or department head must fill out an Attorney Authorization Form and return it to the ASU vice chancellor to which he reports.  This vice chancellor will give the director or department head the authority to sign the USCIS and DOL forms pertaining to the non-immigrant’s application for permanent residency.