UAMS ADMINISTRATIVE GUIDE

NUMBER: 4.5.25
DATE: 07/01/94
REVISION:

SECTION: HUMAN RESOURCES
AREA: EMPLOYMENT
SUBJECT: EMPLOYMENT OF IMMIGRANTS AND ALIENS

POLICY

The University of Arkansas for Medical Sciences (UAMS) may employ any immigrant or non-immigrant, provided that such employment conforms to the provisions of the Immigration and Nationality Act, as amended, the regulations of the Immigration and Naturalization Service (INS), and to those standards established by the University. Any decision reached by the University will not be affected by the race, color, age, religion, sex, handicap, national origin or veteran status of the prospective employee.

PROCEDURE

  1. All applicants for employment with UAMS must present proof of valid work authorization to the Office of Human Resources for verification. No alien may be employed without proper authorization.
  2. Departments expecting to hire non-US workers should contact the Office of Human Resources at least 70 days in advance of any scheduled interviews to ensure that paperwork may be processed through governmental agencies in a timely manner.

DEFINITIONS

  1. The term "Alien" shall mean any person not a citizen or national of the United States.
  2. The term "Immigrant" shall mean any alien who has been lawfully admitted to the United States for permanent residence. Immigrants are entitled to remain in the United States indefinitely, to own property, and to work and move about without restriction so long as such aliens comply with all laws relating to alien registration, changes of address and annual reports.
  3. The term "Non-immigrant" shall mean any alien who has been granted temporary admission to the United States for specific purposes and is required to leave the country when the purpose of the temporary stay has been accomplished. Non-immigrants must maintain in their possession an arrival-departure record (INS Form I-94) with INS notations showing their period of authorized stay and an alphabetical symbol designating their classification within the non-immigrant group. The alphabetical symbol is followed by a number which indicates the specific category within the classification. For example, "B-1" is a visitor for business and "B-2" is a visitor for pleasure. The University recognizes the following classes of non-immigrants, whose right to gainful employment in the United States is restricted as indicated:
  1. Visitors for business, (B-1), and visitors for pleasure, (B-2) UAMS CODE: NONE

Both B-1 and B-2 aliens are barred from employment, although B-1 aliens may engage in certain business activities consistent with their status, such as negotiating contracts, or selling or soliciting orders for goods manufactured abroad.

  1. Academic Students, (F-1), and their families, (F-2). UAMS Code: ST

An F-1 student may accept on-campus employment at the school attended without obtaining prior approval from INS and without limitation on the number of working hours per week provided that: (1) the alien does not displace a U.S. resident; or (2) such employment is considered part of the student’s program under the terms of a scholarship, fellowship or assistantship. An F-1 student is authorized for off-campus employment only when INS has approved an individual application. Such approval allows the alien to work a maximum of 20 hours per week while school is in session, and full-time during vacation periods. The alien may work during the summer vacation however, only if registered for the following term or if eligible and intending to register for that term. Upon graduation or completion of their studies, F-1 aliens are eligible to accept employment in order to obtain practical training. This again requires prior approval by INS of an application. Aliens must make requests for practical training no later than 30 days after completion of their course curriculum. Permission to take practical training is granted in increments of six months each, not to exceed a total of 12 months. F-2 spouses and children of F-1 aliens are barred from employment.

  1. Temporary workers and trainees (H-1, H-2, H-3), and their dependents (H-4). UAMS Code: TP

H-1 applies to aliens of distinguished merit and ability coming to the United States temporarily to perform services of an exceptional nature requiring such qualifications. H-2 applies to other aliens coming to the United States temporarily to work at temporary jobs in occupations where a shortage of American workers exists. H-3 applies to aliens coming to the United States temporarily for training not available in their home countries. H-1, H-2, and H-3 aliens may engage in only the specific employment previously authorized by INS and within the time shown on their Form I-797. Their H-4 dependents are barred from employment.

  1. Exchange visitors (J-1) and their dependents (J-2). UAMS Code: EX

The J-1 visa provides for the exchange of students, scholars, trainees, teachers, professors, researchers, specialists, and leaders in a specialized field of knowledge or skill for a specific program designated by the U.S. Information Agency. J-2 spouses and children may obtain permission from INS to accept employment only if such employment is necessary for their support - not for the support of the principal alien.

  1. Trade Canadian (TC) UAMS Code: NONE

Non-immigrant Canadians may come to the U.S. to work under the North American Free Trade Agreement, for renewable periods of a year.