International Employment
Faculty & Staff
Immigration Topics
Background
Federal laws and regulations that cover the hiring of foreign nationals
at U.S. colleges and universities are extensive and complex with an ever-changing
landscape. The material presented here is basic information on BGSU policies
and procedures related to employment in the U.S. for foreign nationals.
Policy
regarding the entry and employment of foreign nationals in the U.S. is legislated
and regulated at the Federal level. Once Congress and the President
sign any legislation related to immigration, it is the responsibility of
the Department of Homeland Security, through the U.S. Citizenship and
Immigration Service, the Department of Labor, and the Department of State to
administrate
implementation of the law.
While it is a challenge to be informed of the
latest in immigration policy and procedure, one source that will always contain
the most current information
is the Code of Federal Regulations, Title 8. The single chapter under
Title 8 contains all rules that the Department of Homeland Security has issued
relating to immigrants and non-immigrants while in the U.S. The Code of Federal Regulations can be found at the Government Printing Office Web Site.
Employment
Overview
University appointments are subject to the Federal government requirement
that non-U.S. workers have valid status while employed. The Center
for International Programs staff are available to advise any BGSU contracting
official interested
in the process of hiring internationals and/or retaining international
employees. Each international hire must be viewed as unique with
regard to the appropriate
hiring and retention strategy and in accordance with existing U.S.
law.
The Law
The basis for the rules governing the hiring and retention of foreign
nationals are found in several Federal policies that specifically
address employment:
the Immigration Act of 1990 (IMMACT ’90), the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRAIRA ’96),
and the American Competitiveness and Workforce Improvement Act,
1996. The Immigration Reform
and Control Act of 1986 (IRCA), signed into law on November 6,
1986, makes it unlawful for any employer, including BGSU, to knowingly
hire or to continue
to employ a foreign national who is not authorized to work.
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