Citizenship, Residency and Visa Requirements
Appendix to Policy
As an international institution, the University of Minnesota (University) is enhanced by its many students and employees who reflect a wide variety of national origins. No individual can be denied opportunity because of birthplace, ancestry, or cultural or linguistic characteristics common to a specific ethnic group or national origin. This prohibition includes not making employment or academic decisions based on: an individual's marriage to or association with persons of a particular ethnic group or national origin; participation in organizations, schools, or religious venues generally associated with a particular ethnic group or national origin; or surnames associated with a particular ethnicity or national origin.
As an employer, the University is required to verify that all employees are legally authorized to work in the United States. However, neither national origin nor citizenship is a legitimate criterion for an employment decision at the University. Hiring managers should not make judgments about applicants based on name, accent or appearance, but only ask all applicants if they are eligible to work in the United States. Asking the basis for the eligibility, such as green card status, is not appropriate.
Appropriate language to use in reference to work eligibility is that the candidate/successful applicant "must be able to demonstrate authorization to work in the United States at the University of Minnesota by the start date." Eligibility may not be limited to citizens and people with permanent resident status, as there are several types of visas that permit employment, even as a faculty member. A candidate may not be asked as to the type of eligibility the candidate possesses until after an offer is made. The job offer may be conditional on confirmation of work authorization, as the University is prohibited from employing anyone who is not authorized to work under the federal requirements. If there are additional questions, contact International Student and Scholar Services (ISSS).
Hiring Foreign Nationals
Whenever a foreign national is seriously considered for employment by a department, the department should contact International Student & Scholar Services (ISSS) or the Office of the General Counsel regarding work authorization requirements and visa procedures. An overview by ISSS can be found on the ISSS website. For contact information, refer to the Additional Contacts section of the Administrative Policy: Recruitment and Selection of Faculty and Academic Professional and Administrative Employees.
Departments can place foreign nationals directly into tenure-track (N) appointments even though they hold temporary visa types. (For example: J-1 student with academic training authorized, H-1B, F-1 with Practical Training authorized, or TN, or E3). Foreign nationals may also have work authorization through other types of visa petitions. If departments have questions about the foreign national’s visa status or work authorization, they should contact ISSS.
Foreign nationals holding non-immigrant visas generally are not placed directly into tenured appointments (P type) because of the contrast between their temporary employment authorization to work in the United States and the permanent employment rights associated with a tenured position. However, the University has created a special contract and release under the Faculty Tenure Regulations that conditions the appointment and ongoing tenure rights on their continued ability to maintain lawful employment authorization.
There are two options for foreign national faculty on non-immigrant visas who are hired for tenured positions: 1) Enter into the special contract and release through the Provost's Office; or 2) begin their appointment at the rank offered by the department (associate or full professor) without tenure with the appointment to be converted to a tenured position once permanent residence is granted.
Applications for Permanent Residence
If an academic search is likely to attract international (namely non-U.S. citizen) applicants, employers in certain circumstances can use an electronic or web-based national professional journal, instead of the more expensive required print journal advertisement, to meet U.S. Department of Labor (DOL) labor certification standards. An electronic or web-based national professional journal advertisement can be used under these circumstances:
- The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website.
- Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement. in the form of printouts of the ad from the start date and from the 30th date of posting (or later), or a bill/invoice (with a printout of the ad or attached text of the ad) showing the ad was placed at least 30 days, and listing the start and end dates.
Because these circumstances are limited, departments should continue to place at least one advertisement in a national print journal unless they are confident that at least one web-based journal ad will meet these strict requirements. Contact ISSS for more information on whether a particular advertisement or journal would qualify and other guidance on visa requirements for international scholars.
Remember, eligibility for a position may not be limited to citizens or permanent residents, and departments may only ask candidates to demonstrate authorization to work in the United States at the University by the start date of their appointment.
If hiring a foreign national for a tenure or tenure-track faculty position, present University policy dictates the following:
- Departments can place foreign nationals directly into tenure-track (N) appointments even though they hold temporary visa type: J-1 student with academic training authorized, H-1B, F-1 with Practical Training authorized, or TN (Canadian Trade Agreement).
- Departments cannot place foreign nationals holding non-immigrant visas directly into tenured appointments (P) as long as they hold any temporary visa status because they cannot legally be considered a permanent employee. However, once they receive permanent resident status (often referred to as a green card), the University can change their appointment to P. The individual will be considered as having their tenure effective on the date the permanent residence status is granted by the Immigration and Naturalization Service.