PERSONNEL
60.05
Revised 2-05
International Students and Scholars
335-4508
PDF link
IMMIGRATION STATUS
U. S. Citizenship and Immigration Services (USCIS) assigns an immigration status to each alien residing in the United States.
Except for permanent residents/immigrants, most aliens who have employment authorization can be employed on a temporary basis only.
ASSISTANCE
Contact the Office of International Programs/International Students and Scholars (OISS) prior to employing an alien.
- OISS evaluates the alien's circumstance to determine any employment restrictions or resolve employment questions prior to WSU employment.
- OISS and hiring departments jointly complete the U.S. Citizenship and Immigration Services (USCIS) forms and, if applicable, U.S. Department of Labor (DOL) and U.S. Department of State (DOS) application materials.
- OISS signs USCIS, DOL, and DOS forms regarding nonimmigrant employment on behalf of WSU. Processing Employment Eligibility Verification (I-9) forms is an exception (see 60.04).
IMMIGRATION CODES
Following is a list of immigration status codes and general restrictions on employment. Departments enter the following codes on Personnel Action forms (see 60.25) and Temporary Employment Appointment forms (see 60.27).
IM: Permanent Resident/Immigrant
WSU may employ a permanent resident/immigrant on a permanent or temporary basis.
B-1: Visitor for Business
Under this category, individuals are not eligible for employment.
B-2: Visitor for Pleasure
Under this category, individuals are not eligible for employment.
F-1: Student
A foreign student may be employed by WSU if the student is authorized to attend WSU and is in lawful F-1 status.
The student must be a full-time WSU student. EXCEPTION: An F-1 student may be enrolled less than full-time if authorized by OISS.
- To be enrolled full-time, an undergraduate student must be enrolled for 12 credits each semester.
- To be enrolled full-time, a graduate student must be enrolled for 10 credits each semester.
Hours of employment may not exceed 20 hours per week while school is in session. During vacations, employment can be full-time under certain conditions.
The employment of a foreign student cannot displace a U.S. worker. This rule does not apply to a teaching or research assistant.
F-1: With Optional Practical Training
WSU can employ an F-1 student who has unexpired Optional Practical Training authorization for employment related to his/her major field of study.
The student must be otherwise in lawful F-1 status.
F-2: Spouse and Children of F-1 Student
Under this category, individuals are not eligible for employment.
H-1B1: Alien Who Will Perform Services in a Specialty Occupation
USCIS must approve an H-1B1 employer-specific petition for WSU and grant an alien H-1B1 status prior to WSU employment. Employment is permitted only during the period indicated by the authorized dates in the approved petition.
H-4: Spouse and Children of H-1B1 Alien
Under this category, individuals are not eligible for employment.
J-1: Exchange Visitor--Professor/Research Scholar/Short-Term Scholar
To be eligible for WSU employment, the alien must have an unexpired employer-specific employment authorization on a Form DS-2019. The employment must be authorized by the Responsible/Alternate Officer of the Exchange Visitor Program as indicated on a valid Form DS-2019.
J-1: Exchange Visitor--Student
WSU can employ a J-1 student who has an unexpired Form DS-2019 or a letter from the Responsible/Alternate Officer of the Exchange Visitor Program authorizing, in advance, the academic training. The employment must be related to the student's major field of study and authorized by the Responsible/Alternate Officer of the Exchange Visitor Program.
A student's employment authorization must be in the form of a letter from the Responsible/Alternate Officer of the Exchange Visitor Program. Employment is limited to 20 hours per week.
He or she must be in good academic standing and be engaged in a full course of study while school is in session. EXCEPTION: A student may be enrolled less than full-time if authorized by OISS and/or the Responsible/Alternate Officer of the Exchange Visitor Program.
J-2: Spouse and Children of J-1 Alien
To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.
K-1: Fiance or Fiancee of a U.S. Citizen
The alien must have an unexpired Employment Authorization Document issued by USCIS.
O-1: Alien of Extraordinary Ability
USCIS must approve an employer-specific petition for WSU prior to WSU employment. Employment is permitted only during the period indicated by the authorized dates in the approved petition.
O-3: Spouse or Children of O-1 Alien
Under this category, individuals are not eligible for employment.
TN-1: Canadian NAFTA Professional
To be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating TN status.
TN-2: Mexican NAFTA Professional
To be employed by WSU, the alien must have an unexpired employer-specific form I-94 indicating TN status.
TD: Spouse and Children of TN-1 or TN-2 Alien
Under this category, individuals are not eligible for employment.