Appointment of Foreign Nationals
NYU actively encourages and supports international educational exchange initiatives. Worldwide recruitment in filling both short and long-term positions is essential to the realization of NYU’s mission as a global university. The appointment of foreign nationals is a complex matter involving three United States government agencies – the Departments of State, Labor, and Homeland Security. The University is constrained by the regulations of these agencies, by the Immigration Reform and Control Act of 1986, which sanctions employers for employing individuals not authorized to work in the United States, by the Immigration Act of 1990, and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Success in obtaining approval of petitions for temporary and permanent employees is dependent upon responsible adherence to law, regulation, and procedures. It is essential, therefore, that individual departments within the University and all those with authority to recruit and to hire understand the procedures, time frames, and restrictions involved in the appointment of foreign nationals and plan accordingly.
The University’s Talent, Learning and Organizational Development policies and practices are consistent with U.S. regulations governing the employment of foreign nationals, the issuance of certificates of eligibility, and the filing of petitions for both temporary and permanent employment authorizations. All appointments, at whatever level in the University they are made, are contingent upon the prospective employee obtaining the appropriate immigration status, and the term of appointment may not exceed the duration of the employee’s immigration status.
In almost all cases nonimmigrant and immigrant visa sponsorship is reserved for academic appointments. Exceptions must be approved by the Vice President of Human Resources. The University only supports petitions that it authorizes and prepares. Petitions for temporary visas or labor certifications submitted without the approval of the appropriate dean or center director are not binding. Privately-retained attorneys do not have authority to represent the University in these matters unless authorized by the Office of Global Services in consultation with the University’s Office of General Counsel. All immigration documents filed by any entity within or outside the University must be approved by the International Scholar Advisor in the Office for International Students and Scholars.
Applications for permanent residence are filed only for individuals holding full-time academic appointments on permanent line positions. With approval of the school's dean, permanent residence petitions are filed at an appropriate time after one complete term of service. Sponsorship for permanent residence may be undertaken only if there is sufficient justification that the proposed foreign national employee is uniquely qualified through experience, skill, and background or training to fill the available position. The decision to pursue permanent resident status for an employee is dependent on the interest of the University. Permanent resident status cannot be pursued solely for the benefit of the foreign national employee. The department must submit evidence of a serious recruitment search with the recommendation for immigration sponsorship.
These guidelines do not replace normal personnel procedures, but are in addition to these procedures. Thus, in all cases, regardless of visa type, the department must conduct a search if normally required for the position and submit to the dean or director all usual appointment forms. For courtesy appointments, the department must request the dean to issue an invitation letter and such invitations must in turn be approved by the vice chancellor for academic appointments. A copy of the approved appointment must accompany visa application materials submitted to the International Scholar Advisor.
The University’s success in obtaining temporary and permanent visas for its employees is dependent upon the timely filing of the appropriate documents with the U.S. government agencies named above. Departments initiating the sponsorship of foreign employees must consult with the International Scholar Advisor prior to making a formal offer to a foreign national to ensure that he or she is eligible for the nonimmigrant classification necessary to accept the appointment for its full term. Once eligibility is established, the International Scholar Advisor must advise the department of the procedures and time frames required for the visa requested and facilitate the timely filing of applications. Department or school representatives must submit all request forms, documentation, and fees required for the visa within the necessary time frames and the International Scholar Advisor must file the application or issue the necessary document upon receipt of the completed, correct request forms.
Foreign national employees may perform only those functions and responsibilities that are consistent with the appointment and authorized by the U.S. Citizenship and Immigration Services. They may begin performing services only after having obtained all necessary government approvals to be employed at the University. All employees and visitors must have adequate health insurance coverage for themselves and for any visa dependents they have in the United States.