APPLYING FOR AN F-1 STUDENT VISA

Report
EMPLOYMENT OF
NONRESIDENT ALIENS AT
TEMPLE UNIVERSITY
A presentation offered jointly by
The Office of Human Resources,
The Office of International Services, and
The Office of Payroll
The Office of
International Services
MARTYN J. MILLER, SENIOR DIRECTOR
JOAN McGINLEY, ASSISTANT DIRECTOR
SHARON LOUGHRAN, IMMIGRATION SERVICES SPECIALIST
TAKIKO GOLDSCHNEIDER, IMMIGRATION SERVICES SPECIALIST
MILDRED PICON, SENIOR CLERK
TENIKA McRAE, CLERK V
TIANA BRITTON, CLERK III
CONTACT INFORMATION
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PHONE: 215 204 7708
FAX: 215 204 6166
URL: http://www.temple/edu/ois
E-MAIL:
◦ Martyn J. Miller [email protected]
◦ Joan McGinley [email protected]
◦ Sharon Loughran [email protected]
◦ Takiko Goldschneider [email protected]
◦ Mildred Picon [email protected]
◦ Tenika McRae [email protected]
◦ Tiana Britton [email protected]
USEFUL TERMS TO KNOW
INS: The Immigration and Naturalization Service is a
branch of the U.S. Department of Justice which has
authority over all aliens in the United States, including
international students and scholars in F and J status as well
as H-1B visa holders.
 Department of State: Branch of the U.S. Department of
State which has authority over J-1 Exchange Program
Visitors (students and scholars)
 IAP-66: This is the form used to obtain and renew J-1
exchange visitor status. It states J-1’s program sponsor,
dates authorized in the program, and classification as a
scholar, professor, etc.
 I-20: This is the form used to obtain and renew
Nonimmigrant Student (F-1) status.

Program Sponsor: The agency or institution that
issues an IAP-66. The Program Sponsor is indicated in
Section 2 of the Form IAP-66
 Program: A program is defined as what someone has
been admitted to the U.S. to do. For example, a student
or a researcher or a teacher in the field of Math or
History.
 I-94: This white card is 3” by 4” and is stapled in the
passport near the visa. The purpose of the I-94 is to show
when someone last entered the U.S. as well as to inform
the INS when s/he leaves. This card is surrendered to the
INS or an airline employee when one leaves the US.

NONIMMIGRANT VISA CATEGORIES
VALID FOR EMPLOYMENT AT
TEMPLE UNIVERSITY
 F-1
visa holders
 J-1 visa holders
 J-2 visa holders
 H-1B visa holders
 TN visa holders
 O-1 visa holders
NON-RESIDENT ALIENS

A non-resident alien must be able to show that
s/he is legally eligible to work at Temple
University. S/he will have either
◦ Photo identification issued by the Immigration and
Naturalization
Or
◦ Written authorization if in the U.S. under the
sponsorship of another university
Or
◦ I-94 card on which “Temple University” is written or
typed
Other Authorized Employment
Issues

Non-immigrants are granted employment that has
◦ Time limitations
◦ Employer specifications (in most cases)
Holders of Nonimmigrant Student
(F-1) Status
F-1 visa holders who have been issued an I-20
by the Office of International Services
 F-1 visa holders who have been authorized by
their university to work at Temple University
 F-1 visa holders who have been granted work
permission from the I.N.S.

Employment Limitations for
Temple’s F-1 Visa Holders
ONLY 20 hours per week TOTAL during the
Fall and Spring semesters.
 Can no longer work once s/he completes
program of study unless s/he has been
admitted to another program of study
(completed bachelor’s degree and is going on
to higher studies)

Holders of Nonimmigrant Exchange
Visitor (J-1) Status: Students and
Scholars
J-1 Exchange Visitors who have been issued
an IAP-66 by the OIS
 J-1 exchange visitors who have been issued
an IAP-66 by another organization to carry
out research/teach at Temple University
 J-1 Exchange visitors who have been granted
work permission by another university to
work at Temple University

Employment Limitations for
Temple’s J-1 Visa Holders
Students in J-1 status can work no more than
20 hours/week during Fall and Spring terms.
 Research scholar in J-1 status may work
ONLY for the department who requested
their presence
 J-1 program is NOT to be used for Full-time,
Permanent Employment
 Research scholars in J-1 status are limited to
three (3) years of employment in this status.

N. B.: Employment of
scholars/researchers/professors in
J-1 status is site-specific
If your department wishes to hire an exchange
visitor in J-1 status who is ALREADY being paid by
another Temple department, your department
must contact OIS PRIOR TO ANY EMPLOYMENT.
If a J-1 has an IAP-66 that states that s/he will
work in Department X, s/he cannot be paid by
Department Y without prior approval.
RESTRICTIONS ON
VOLUNTEERING
Section Number: 553.101

Section Name: ``Volunteer'' defined.
(d) An individual shall not be considered a
volunteer if the individual is otherwise
employed by the same public agency to
perform the same type of services as those for
which the individual proposes to volunteer.
Holders of Nonimmigrant Worker
(H-1B) Status
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H-1B (new, change of status) – Temple must
submit a petition to the I.N.S. AND employment
may not begin until the petition is approved by
the I.N.S.
H-1B (extensions) – Temple must submit a
petition to the I.N.S.; employee may continue
employment while waiting for approval
H-1B (transfer from another organization)
Temple must submit a petition to the I.N.S.;
employee may begin employment upon receipt of
“receipt notice” from the I.N.S.
Petitioning for H-1B Status
To secure H-1B status, OIS must file with the
INS a petition for each employee. This process
takes between four and six months. While an
employee may work for more than one
organization at the same time, each
organization requiring his/her services must
have petitioned the INS PRIOR to the
individual beginning employment.
Time Limits on H-1 Status
A H-1B visa holder may be authorized for
employment for an initial period of up to 3
years. Extensions of stay may be requested
for up to 3 more years. The maximum total
stay in H-1B status is 6 years.
Minimum Academic Requirement for H1B Employment
To qualify for H-1B status, the minimum
academic requirement for a position is a
Bachelor’s degree. The potential employee
must also meet ALL requirements listed in the
position posting sheet and job description.
Holders of Nonimmigrant
Worker (O-1) Status: Aliens
of Extraordinary Ability
The O-1 visa classification includes aliens who
have attained national or international
acclaim for extraordinary ability such that
the individual has a high level of expertise
(top in the field) in the sciences, education,
business, and athletics.
OIS or an authorized attorney must petition to the
INS for O-1 status. The nonimmigrant worker
may not begin employment in O-1 status until
s/he has been approved by the I.N.S. UNLESS
s/he has another type of valid work
authorization.
Petitioning for O-1 Status
Holders of Nonimmigrant
Worker (TN) Status
The TN classification was developed as part of
the North American Free Trade Agreement
(NAFTA) to facilitate the entry of Canadian
and Mexican citizens to the United States to
engage in professional business activities.
Although developed for both Canadian and
Mexican citizens, the visa classification is
more suitable for Canadian citizens.
Employment Limitations for Temple’s
TN Status Holders
Can only work for the organization that
petitioned for their services
 Is not applicable for those who have already
filed for permanent residency (I.e., does not
have dual intent)
 Not all positions are on the TN schedule

Holders of Nonimmigrant Exchange Visitor
Dependent (J-2) Status
J-2 holders must request and receive from the INS
an Employment Authorization Document (EAD
Card) before accepting employment. This card is
usually is granted for a period of no more than
one year.
Please call our office if you are considering hiring
someone in J-2 status.
Holders of Visitor for
Business (B-1) Status
B-1 status holders enter the U.S. for a
brief period of time for BUSINESS
purposes. Temple may only pay
someone holding B-1 status for
incidental employment lasting nine
days or fewer, such as a lecture or
brief consultation.
Holders of B-2 (Visitor for Pleasure)
Status Are Prohibited from Any
Employment
Temple University may NEVER employ someone
in B-2 status. This person will need either to
depart the U.S. and re-enter in an employable
status or (if time permits) apply for a change of
status before any employment is possible.

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