Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire or recruit an unauthorized alien or to continue to employ one who has become ineligible to work. The University of Wisconsin Oshkosh is required to verify any individual's employment authorization and identify and attest under penalty of perjury to the verification on the I-9 Employment Verification Form.
University appointments are subject to the Federal Government requirement that non-U.S. citizens have valid status while employed at the University of Wisconsin Oshkosh. The applicant is responsible for remaining in appropriate status and for notifying the Human Resources Office when further action is needed. The department chair/director is responsible for informing the new employee of this provision. All letters of offer include the statement, "this offer is contingent upon verification of identity and work authorization as required by the Immigration Reform and Control Act of 1986." All letters of offer to international faculty or staff will include the phrase, "this offer is contingent upon receipt of legal immigration status," or "this offer is contingent upon furnishing information relative to your immigration status."
What to ask during the interview process
Although alien tenure-track appointees should be in H-1B status, the visa/immigration status in which people are brought to the University of Wisconsin Oshkosh can be determined only after the decision has been made to recommend that an offer be extended. While it is considered an act of discrimination to discuss someone's immigration status before a decision has been made to offer them employment, there are two questions that may be asked (either during the interview or while an offer is being negotiated) that will help in understanding what may need to be done in order to obtain employment authorization:
"Are you currently authorized to work in the United States?" (if asked, must be asked of all applicants interviewed)
"Are you a US citizen? If not, what is your current status?" “Is that authorization permanent or temporary?”
If the answer is "no" to the first question or "temporary" to the second, UW Oshkosh will need to make an application to Immigration and Naturalization Service in order to obtain work authorization for that individual.
Before offering a continuing/ permanent appointment to an international applicant, it is recommended that you discuss the appropriate term of appointment with the Human Resources Office by calling 424-2279.
Upon appointment to a position at the University of Wisconsin Oshkosh, the newly appointed faculty or staff member should contact the Human Resources Office so appropriate steps can be taken to obtain work authorization before the contract begins.
Types of Status
There are many types of non-immigrant status; however, the most common that you might encounter in the recruitment and selection process are the following:
- F-1 Status
- F-1 Status with Practical Training
- Spouse of International Student (F-2 Status)
- Postdoctoral Researcher (F-1 Status)
- Exchange Visitor (J-1 Status)
- Student on Academic Training Exchange Visitor (J-1 Status)
- Professor, Researcher, or Short-Term Scholar Exchange Visitor (J-1 Status)
- Spouse of Exchange Visitor (J-2 Status)
- Non-immigrant Worker (H-1B Status)
Please note: the terms of employment for the H-1 visa are very specific. When submitting a prevailing wage to the Department of Labor (DOL) and the H-1 petition to USCIS, the exact department, title, salary, duties, and dates of the position are included. If there is a significant change in the terms of employment before the end of the H-1 approval period, a new H-1 petition must be filed. The H-1 visa holder is not authorized to accept employment from another employer without filing an additional H-1 petition or applying for Employment Authorization Document (EAD) and Advance Parole; this restriction includes working for a different department within UW Oshkosh.
- TN or TC Status for Canadian Citizens
- Permanent Residency
The Role of Immigration Attorneys
"Wisconsin state law prohibits state agencies and their employees from retaining an attorney without the approval of the Governor. Department chairs/directors should not therefore, sign any UW Oshkosh sponsored temporary or permanent immigration petitions that have been prepared by a private immigration attorney." UW System employs attorneys who have expertise in immigration matters, and they can be consulted through the Human Resources Office.
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