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Employment
- J-1 Exchange Visitor Employment Overview
J-1 Exchange Visitor FAQs
- H-1 Temporary Worker Employment Overview
H-1 Temporary Worker FAQs
NOTE: The Responsible Officer (RO) or Alternate Responsible Officer (ARO) for J-1 Exchange Visitors at Texas State is located in Austin. The RO and ARO are the only people who have signing authority for the program. Therefore, any employment permission for J-1 Exchange Visitors at Texas State must be arranged by the International Office with the Officers in Austin. PLEASE do not work without authorization from the RO or ARO. Participation in unauthorized employment is in violation of the regulations, results in loss of your J-1 status and subjects the exchange visitor to termination from the program.
J-1 Exchange Visitor: Short-term Scholar/ Professor/ Researcher/ Specialist
This category refers to individuals who are in the U.S. as visiting researchers or professors under the auspices of the US Department of State and a Designated Program Sponsor. They are eligible to receive payment from the organization listed on Form DS-2019 as the source of funds and/or the Designated Program Sponsor for a period of validity as stated on the DS-2019. Under limited circumstances, may receive compensation from other institutions provided prior written authorization from the RO of their Designated Program has been secured. The DS-2019 authorizes the above stated employment. An Employment Authorization Document
(EAD) card is not required.
For more information, please make an appointment to see an International Student Advisor. When making your appointment please identify yourself as a J-1 Exchange Visitor.
J-2 Dependent of J-1 Visa Holder
Eligible to apply to DHS for work authorization. Once the EAD is issued by DHS, the J-2 may work for any employer. Employer must re-verify employment authorization after expiration date on EAD. Employment to be approved cannot be needed for the financial support of J-1 visa holder. It must be for purposes unrelated to basic support.
For more information, please make an appointment to see an International Advisor. When making your appointment please identify yourself as a J-2 Exchange Visitor.
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How to Sponsor an H-1B Temporary Worker?
When to begin?
Before hiring a foreign national for any position, departments should first contact the International Office to assess the appropriate employment authorization. In addition, due to U.S. government regulations regarding wage requirements, departments must work in close consultation with the International Office and Academic Affairs before finalizing salary and terms of contract with an international prospective that requires processing H-1B employment authorization.
What the department does
- Consult with the International Office and Academic Affairs to hire a foreign national with H-1B employment authorization
- Complete the prevailing wage worksheets and return to the International Office
- Meet prevailing wage requirements
- Review, sign and certify appropriate documents as provided by the International Office
What the International Office does
- Submits wage documents to the Texas Workforce Commission
- Submits the Labor Condition Application to the Department of Labor
- Prepares and posts LCA notices
- Prepares the petitioning letter, application forms I-129 and I-129W
- Prepares memos for check issuance and picks up check from Accounting
- Overnights the H-1B petition to the US Citizenship and Immigration Services (USCIS)
- Notifies the "contact" person named on the worksheet when the petition is receipted and
approved by USCIS.
What it costs
The USCIS filing fees for a new H-1B petition are $320 and $500. If the department chooses to cover this filing cost they need to send a payment request (Form #AP-1), along with documents provided by the International Office, to Accounting requesting two checks payable to "Department of Homeland Security".
What USCIS does
USCIS will adjudicate the petition within three to seven months. A "receipt notice" will provide a file number, and the progress of the petition may be tracked online at the USCIS website.
Staff
Texas State staff may qualify for H-1B employment authorization if the position is a specialty occupation that requires a bachelor's degree or higher.
Use of Outside Attorneys
Since most employment-based immigrant petitions involve Texas State as the petitioner, the International Office has been designated as the office with authority in filing these petitions. The International Office recognizes, however, that under unusual or extraordinary circumstances an outside attorney may be required to file an employment-based immigrant petition. Unusual or extraordinary circumstances will typically mean either a complex case requiring an unusual amount of time to prepare or a case requiring expedited handling. While it is always permissible for a foreign national to retain an attorney, that attorney cannot represent the
University’s interests without the express written permission of the University Attorney, the International Office, and the department chair. When an outside attorney is used, the International Office will review and sign the petition and Form G-28 on behalf of the University o insure compliance with all University sponsorship guidelines. Texas State does NOT authorize outside attorneys to file petitions and applications on behalf of Texas State. All fees for such a case are the responsibility of either the employing department or the beneficiary of the immigrant petition.
University’s interests without the express written permission of the University Attorney, the International Office, and the department chair. When an outside attorney is used, the International Office will review and sign the petition and Form G-28 on behalf of the University o insure compliance with all University sponsorship guidelines. Texas State does NOT authorize outside attorneys to file petitions and applications on behalf of Texas State. All fees for such a case are the responsibility of either the employing department or the beneficiary of the immigrant petition.
Who is eligible
| | Job Title | Eligible for H1B | Eligible for Permanent Residency |
| Academic Titles: | Professor | X | X |
| | Associate Professor | X | X |
| | Assistant Professor | X | X |
| | Instructor | X | |
| | Senior Lecturer | X | |
| | Lecturer | X | |
| Research Titles: | Research Scientist | X | X |
| | Senior Research Scientist | X | X |
| | Research Engineer | X | X |
| | Senior Research Engineer | X | X |
| | Research Associate | X | X |
| | Postdoctoral Fellow | X | |
| | Senior Research Fellow | X | |
| | Research Fellow | X | |
| Librarian Titles: | Professional Librarian | X | X |
| Classified Titles: | Research Engineering/Scientist Associate III-V | X | |
| | Social Science/Humanities Research Associate III-V | | |