Department of Human Resources

Hiring of Individuals Legally Authorized to Work in the United States

 

Purpose
The purpose of this policy is to establish the University’s general rule that only individuals who do not require financial support from the University in order to be legally authorized to work in the United States may be hired by the University.

Scope
This policy is a University-wide policy and applies to full and part-time employment of faculty, administrators and staff.  This policy does not apply to students.

Definitions

  1. Foreign National - An individual who is not a citizen of the United States or does not have a United States passport.   
  2. Green Card - The name for the card issued by the United States Citizen and Immigration Services as proof of registration as a lawful permanent resident of the United States.  
  3. H-1B Visa – A temporary work visa conferring an employment-based immigration status on Foreign Nationals having specialty training in an occupation requiring a baccalaureate or higher degree for the purposes of obtaining such employment in the United States.  

Policy

  1. In order to best utilize the resources of the University, those responsible for hiring must first consider for employment those qualified individuals who are already legally authorized to work in the United States and thus do not require financial support from the University in order to obtain such legal authorization. 
  2. In unusual circumstances, it may be in the best interest of the University to hire a Foreign National whose legal authorization to work in the United States for the University will require the University’s financial support.  In those unusual circumstances, the Provost (for faculty) or the Vice President for Administration (for staff and administrators), as applicable, may authorize the hiring of such a Foreign National, taking into consideration the unique need for the particular hire, his/her specialty training and academic degree, the expenses related to sponsorship, the nature of the position and any other information deemed appropriate.
  3. If the hiring of a Foreign National is authorized under Paragraph 2 above, all expenses related to sponsorship of the Foreign National that are required by law to be paid by the employer shall be paid by the hiring department.  Use of grant funds to pay some or all of these expenses must be permitted by the grant and approved, in writing, in advance, by the Provost. 
  4. Any visa petition seeking authorization to work for the University, whether or not financial support is provided by the University, is required to be administered through the Department of Human Resources and the Office of General Counsel.  Because the University is the corporate legal sponsor of the Foreign National, no attorney may be privately retained by the Foreign National to represent the University without the prior written consent of the Office of General Counsel.  
  5. If a Foreign National is hired, the University is not ensuring nor making any representations to the employee regarding the University’s support of, or participation in, any future Green Card, H1-B or other visa related application, continued employment, renewal of any appointment, promotion and/or tenure.
  6. Any request by, or on behalf of, a Foreign National to provide any services to the University on a volunteer basis must be submitted in advance to the Department of Human Resources for approval.

Responsible Offices

  • Office of the Provost
  • Office of the Vice President for Administration
  • Office of General Counsel
  • Department of Human Resources

Approved
By Interim President Mary J. Meehan, Ph.D. on the recommendation of the Executive Cabinet on June 29, 2017.

Effective Date

June 29, 2017

 
 
Contact Us

Department of Human Resources
(973) 761-9177
Fax (973) 761-9007
humanres@shu.edu
Martin House

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