Hiring and Recruiting International Professionals and Faculty Members

Overview As the Univeristy Continues to hire more international faculty and professionals, it is important for every department to recognize that there are several immigration concerns when engaging in the employment of aliens – especially when it comes to advertising for the positions for which an alien might be hired. Often when an international faculty member is hired, he/she will seek out permanent residency – if certain steps are missed in the hiring/recruitment process, the international individual may no longer be eligible. This discussion will provide a brief overview of considerations that should be in place anytime there is a chance an international faculty member or professional may be hired. Alien – noncitizen who is legally permitted to remain in a country.

Prevailing Wage Determination Every job position should be advertised in such a manner with the presumption that an international applicant may apply and/or be chosen for the position. The wage offered to an international applicant must meet what is called the Prevailing wage – this is a wage set by the Department of Labor. An alien must make at or above the prevailing wage amount. The prevailing wage is determined by the job type and job description. For H-1B visas the prevailing wage is determined in-house, meaning by the Office of Legal Counsel. For Permanent Residency Applications it is determined by the Department of Labor and will take 3-4 months to obtain. If the offered wage is below the prevailing wage then the Department will have to increase the wage to at least the prevailing wage.

Advertising the Position There is a special type of recruitment process that can be done under what is called the Labor Certification Process called Special Recruitment. Special recruitment is used solely for tenure track faculty teaching positions – such as assistant professors, associate processors, etc… The advertisement must be posted in either (1) one national print ad, for example the chronicle of higher education, or (2) a web based national professional journal for 30- calendar days. The ETA 9089 (PERM) must be filed within 18 months of the date the selection committee selects an international faculty member. If the advertisements are not posted correctly, the international faculty will not be able to obtain their green card based on that advertisement. NOTE: Labor Certification Process is one of the early steps in the permanent residency process – No experience from UofM as employer If ad says PhD must have Phd. Campus Security Authorities will be discussed in more detail in upcoming slides – but first we need to provide overview of the requirements of the act.

After Selection of Candidate Be aware that if an international candidate is selected for a tenure track position, the Department will be required to provide a recruitment report before the individual can begin the green card process that: Describes the recruitment steps taken Describes the results of the recruitment (number of applicants hired, the number of US workers who applied, the number of US applicants rejected and why). An international professor can be hired when the decision is made that all other applicants are not qualified for the position. The hired international applicant must be more qualified than the other applicants in the mind of the search committee – the reasoning must be documentd.

Offer Letter Any offer letter should contain wording similar to: “This offer is contingent on your securing valid immigration status and work authorization before your expected start date and maintaining valid immigration status and work authorization throughout your employment.” If the final candidate is an international faculty contact the Office of Legal Cousnel immediately. 901-678-1565 H-1B visas can take 3-4 months to process.

Thank You If you have any questions you may contact University Office of Legal Counsel at 901-678-1565.