PPM Section 380-14

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Policy and Procedure Manual

Chapter 380, Personnel--General
Section 14, Employment of Aliens (Noncitizens)
Approved: 9/27/05
Supersedes: 6/27/97

Responsible Department: Services for International Students and Scholars
Source Document: Academic Personnel Manual Section 530, Recruitment/Noncitizens; Personnel Policies for Staff Members Section 21

I. Purpose

This section outlines the policies and procedures for employment of noncitizens in student, staff, and certain academic positions. Refer also to Section 380-06 for information regarding employment eligibility authorization for employees and to Academic Personnel Manual Section UCD-530 for procedures regarding sponsorship of an alien in relation to the academic recruitment and appointment process.

II. Definitions

A. Arrival-Departure Record (I-94)--a white card stapled to the foreign national's passport at the U.S. port of entry on which is recorded the entry date, entry port, and the period for which the person has been given permission to remain in the U.S.

B. Immigrant (permanent resident)--a foreign national who has been lawfully admitted to the U.S. for permanent residence, but who is still a citizen of another country. An immigrant is issued an Alien Registration Receipt card (Form I-551 or "green card") by U.S. Citizenship and Immigration Services (USCIS).

C. Nonimmigrant alien--a foreign national whose reason for coming to the U.S. involves a temporary stay that will end when its purpose has been accomplished.

D. Visa--a stamped entry in the passport that enables the foreign national to enter the U.S. under conditions specified for the visa classification. Visas are issued by a U.S. consulate abroad.

E. Employment Authorization Card (Form I-688B)--a card issued by the USCIS as evidence of temporary employment authorization.

III. Policy

A. Eligibility for employment

1. Employment of aliens is strictly regulated by Federal law. In general, the following noncitizen job applicants are eligible for employment:

a. Lawful permanent resident aliens in possession of an Alien Registration Receipt (Form I-551) have the same employment rights as U.S. citizens.

b. Persons holding an unexpired USCIS-issued Temporary Resident Card (I-688) or Employment Authorization Card (I-688B) may be employed.

c. Nonimmigrant students in F-1 status, and those in J-1 status with the permission of their exchange visitor program sponsor, may be employed on campus up to 50% (20 hours/week) while school is in session and 100% during vacation periods, or without restriction with documentary evidence of authorization by their sponsor or USCIS.

For all other visa classifications, departments should consult Section 380-64, which describes the various visa classifications and restrictions on employment, or contact Services for International Students and Scholars (SISS) before making a hiring commitment.

2. A change in immigration status to facilitate UCD employment may be possible where the foreign national and the proffered position meet the requirements. This process may take several months and must be coordinated through SISS. Procedures outlined in Academic Personnel Manual Section UCD-530 also apply in cases of staff employment.

B. Health insurance coverage requirement

Foreign nationals, including students, are required by the University to obtain health insurance coverage as a condition of employment or affiliation as a nonsalaried visiting faculty or researcher. See Section 380-64 for additional information regarding fulfillment of this requirement.

IV. Procedures

Responsibility	Action
Job applicant	1. Before applying for a job, determines that he/she is legally eligible to accept employment and is prepared to show evidence of employment eligibility (see Section 380-06). 2. To obtain a Social Security number (SSN), applies in person at Social Security Office. (Applicant will be required to present an employment offer letter, passport and immigration documents with SSN application form and letter verifying employment authorization--both available from SISS.)
SISS	3. Advises academic departments regarding employment of noncitizens; interprets USCIS and U.S. Department of Labor regulations and procedures to hiring departments; provides guidance in preparing petitions and documents; advises UCD students and potential employees about securing, maintaining, and documenting appropriate legal status and employment eligibility.
Student Employment Center	4. Is responsible only for referral of those eligible to utilize their services (referral does not demonstrate legal employment eligibility); refers questions about alien employment to SISS.
Hiring department (or UCDHS Human Resources at UCDMC)	5. Verifies that visa status does not prohibit employment or contacts SISS before making hiring commitment; prepares appropriate employment eligibility forms; verifies employment eligibility (see Section 380-06).
Noncitizen employee	6. Provides documentation of employment eligibility; completes Statement of Citizenship Status form and related income tax forms; maintains that status/employment authorization throughout employment.
Accounting & Financial Services--Tax Division	7. Determines income tax withholding; advises foreign national employees and departments about tax treaties.

V. References and Related Policies

A. Office of the President: UC Group Insurance Regulations.

B. Academic Personnel Manual Sections 530, Recruitment/Noncitizens, and UCD-530, Recruitment and Appointment of Aliens (Noncitizens).

C. Personnel Policies for Staff Members, Policy 21, Appointment.

D. UCD Policy & Procedure Manual:

1. Section 380-06, Employment Eligibility Verification.

2. Section 380-64, Conditions of Visas for Alien (Noncitizen) Students, Scholars, and Visitors.

3. Section 380-65, Income Tax Withholding and Reports of Earnings for Citizens and Resident Aliens.

4. Section 380-66, Income Tax Withholding and Reports of Earnings for Nonresident Aliens.