PERSONNEL
60.05
Revised 10-09
International Students and Scholars
335-4508
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 may 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 actions processed through the online Personnel/ Position/Payroll Electronic Routing Management System (PERMS) (see 60.25) and on 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.
E-3: Temporary Australian Worker in Specialty Occupation
USCIS must approve an E-3 employer-specific petition for WSU and grant an alien E-3 status prior to WSU employment. Employment is permitted only during the period indicated by the authorized dates in the approved petition.
E-3D: Spouse or Child of Temporary Australian Specialty Worker
To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.
F-1: Student
WSU may employ an international student who is authorized to attend WSU and is otherwise in lawful F-1 status.
Hours of employment may not exceed 20 hours per week while school is in session. During vacation periods, employment can be full-time.
Employment of a foreign student must not displace a U.S. worker. This rule does not apply to a teaching or research assistant.
F-1: With Optional Practical Training
WSU may employ an F-1 student who has an unexpired Employment Authorization Document issued by USCIS under the Optional Practical Training program. Employment must be related to the student's major field of study.
The student must be otherwise in lawful F-1 status.
F-1: With Curricular Practical Training
WSU may employ an F-1 student who has been authorized for Curricular Practical Training as indicated on a Form I-20 by the Designated School Official. Employment must be related to the student's 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-1B: Alien Who Will Perform Services in a Specialty Occupation
USCIS must approve an H-1B employer-specific petition for WSU and grant an alien H-1B 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-1B Alien
Under this category, individuals are not eligible for employment.
J-1: Exchange Visitor--Research Scholar/Professor/Short-Term Scholar/Specialist/Student Intern
WSU may employ a J-1 exchange visitor in one of these subcategories. To be eligible for WSU employment, the alien must have an unexpired Certificate of Eligibility for Exchange Visitor (J-1) Status/DS-2019 form issued by the WSU Office of International Student and Scholars. An alien presenting a DS-2019 form issued by another institution must also present a letter signed by the Responsible Officer/Alternate Responsible Officer from that institution specifically authorizing the alien to be employed at WSU.
J-1: Exchange Visitor--Student
WSU may employ a J-1 student who is authorized to attend WSU and has obtained a work authorization from the Responsible/ Alternate Officer of the Exchange Visitor Program.
Hours of employment may not exceed 20 hours per week while school is in session. During vacation periods, employment can be full-time.
The student must be otherwise in lawful J-1 status.
J-1: Exchange Visitor--Student With Academic Training
WSU can employ a J-1 student who has been authorized for Academic Training as indicated on a DS-2019 by the Responsible/Alternate Officer of the Exchange Visitor Program. The employment must be related to the student's major field of study.
The student must be otherwise in lawful J-1 status.
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.
K-3: Spouse 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: NAFTA Professional, Mexican National / Canadian National
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.
TR: Temporary Resident (Pending I-485 Permanent Residency Application)
To be eligible for WSU employment, the alien must have an unexpired Employment Authorization Document issued by USCIS.