Full-Time Immigration Employment
1. PURPOSE
This policy is to guide Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) in how to handle hiring of non-immigrant employees and their legal status.
2. POLICY
In the rare occasion that the university cannot find a qualified national applicant for a position, a department may request Human Resources to hire a foreign national. Non-immigrants will normally be hired into permanent full-time positions by the university using the H1-b visa. The university may choose to hire using a J-1 Visa for nonpermanent full-time positions. The university will assist with applications and immigration expenses and with an application for permanent residency. These decisions are made case-by-case and are also reviewed and need approval from the President's Council.
BYU–Hawaii does not permit full-time employment for individuals holding a J-2 visa. They may be hired for temporary or part-time non-benefited positions. The university only hires F-1 visa holders as non-student employees and the law does not permit the university to hire F-2 visa holders.
3. IMPLEMENTATION
3.1 Definitions
3.1.1 F-1 Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program.
3.1.2 F-2 Visa
The F-2 Visa lawful status is the official U.S. government designation and authorization of your stay in the U.S. as a non-immigrant dependent of an F-1 student.
3.1.3 J-1 Visa
The J-1 exchange visitor visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Educational and Cultural Affairs. These may be full-time students or faculty.
3.1.4 J-2 Visa
The J-2 Visa is a non-immigrant visa issued by a consular official at a U.S. embassy or consulate for spouses and dependents (unmarried children under the age of 21) of J-1 exchange visitors who accompany or later join the J-1 holder in the United States.
3.1.5 H-1B Visa
H-1B Visa – This is a non-immigrant visa in the United States under the Immigration and Nationality Act. This allows US employers to temporarily employ foreign workers in specialty occupations.
3.1.6 Permanent
Permanent is defined by U.S. Citizenship and Immigration Services (USCIS) as a position in which there is no anticipated ending date on the part of both the employer and the employee. The university defines a permanent position, for the purposes of this policy only, as where there is a reasonable expectation that funding is available for at least three years. The term permanent should not be construed to suggest future employment rights and is used in this policy only and without regard to university employment policies and budget consideration.
3.2 Commitment to the university
An employee who receives visa assistance under this section is required to pay back the university a pro rata portion of the visa assistance if within three years of university employment: (i) the employee voluntarily terminates employment with the university; or (ii) the university terminates the employee’s employment for cause. The employee will repay to the university all money received pursuant to this agreement prorated on a monthly basis such that for each full month during which the employee remained an employee of the University, the amount be repaid shall be reduced by one thirty-sixth (1/36) of the amount received.
3.3 Transitions to Permanent Resident
For faculty H1-b non-immigrant visa holders, in order for the university to assist with permanent residency expenses, they must be CFS candidacy approved at the third-year mark. See the Hiring, Rank, Status policy.
3.4 Grant Funding
In the case of positions that are grant-funded, it is possible to consider them to be permanent provided there is a reasonable expectation that the funding will continue into the foreseeable future.