International Employment

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. Faculty & Staff Immigration Services 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.