Employment of Foreign Nationals

This policy is intended to provide guidance on the hiring of foreign nationals and to insure that the University’s practices are in compliance with federal and state laws regarding the employment and maintenance of appropriate visa status of non-immigrant workers.  

The University reserves employer sponsored work visas principally for full-time, temporary or permanent academic positions.  Exceptions to this policy are made on a case-by-case-basis and based on business necessity.

The Office of Human Resources, in concert with the University’s legal representative, will process the necessary paperwork for the prospective or current foreign national University employee. All employment based visa sponsorships must be approved by the University’s authorized representative within the Office of Human Resources before employment commences for prospective employees and prior to the expiration of authorized work status for current foreign national employees.

The hiring departments will be responsible for all Employer required filing fees related to any employer based non-immigrant visa petition.  In addition, attorney fees related to the H1-B visa and PERM processes will also be paid by the hiring department. The University will only pay for approved processes conducted by its legal representative.

Due to the variance in government agency processing timeframes, a minimum period of ninety (90) days should be anticipated for processing new or renewal visa applications.  Requests for expedited handling, (premium processing) which carries an additional cost must be approved in advance and will only be granted in exceptional circumstances.

The University cannot hire or continue the employment of a foreign national worker without the appropriate visa status.  Further, no appointment will extend beyond the duration of the employee’s authorized status.  However, the University reserves the right to rehire, the foreign national if the appropriate visa status is reinstated.  

This policy does not apply to individuals who hold permanent resident status or other authorization to lawfully work in the United States.

Questions regarding this policy should be directed to the Office of Human Resources at humanresources@wpunj.edu 

Rev. 4/13