3.05 Employment of Foreign Nationals

Last Revised: 15 Oct 2004

Refer Questions to: Director, Human Resources

Scope

This policy applies to all offices and divisions of Gallaudet University.

Policy

By law, Gallaudet may make offers of employment only to those individuals who have a lawful right to work in the United States. The University may petition for authorization to employ an otherwise ineligible foreign national if the candidate and position meet specific employment criteria. In most cases, the University does not petition for positions of less than one-year duration. In no instance can an unauthorized foreign national be employed until the University has successfully petitioned for and received the appropriate work authorization. The length of the appointment may not exceed the time period for which employment is authorized. Legal fees incurred by the employee are the responsibility of the employee. Legal fees incurred on behalf of the University are the responsibility of the employee's department.

In accordance with the Immigration Reform and Control Act, the University must verify and document the identity and employment eligibility of all new hires, regardless of their status, within three working days after their starting date.

Individuals from other countries who are classified as full-time students may be offered on-campus employment as long as the student does not displace a U.S. citizen or if the employment is considered part of the student's program. Employment cannot exceed 20 hours per week while school is in session.

Approved by: Gallaudet University Administration