Skip to Content

Guidelines for Hiring

STOP: Contact Faculty Records to secure an appointed position for your prospective visitor or employee before initiating visa paperwork.

Guidelines for Hiring International Faculty, Researchers & Staff

Inviting an international scholar to Texas State as a visitor, an exchange scholar, or an employee is governed by U.S. immigration law and regulations and Texas State policy.

These questions and guidelines have been developed to assist hiring departments in determining which immigration status is most appropriate and advantageous.

The following questions should be considered:

  •  What is the purpose to bring the scholar? Is it a short-term visit? Is it for collaboration between two institutions? Is it a long term research or teaching position?
  • Who will provide financial support for the scholar? Is it the scholar’s home institution or government? Is it Texas State? Is it personal funding?
  • What kind of plan do the department and the scholar have? Does the department intend to extend the appointment in future? Does the scholar have any plans to stay in the U.S.?
  • Does the scholar have a spouse who is interested in working?
  •  What visas did the scholar have in the past?
  • How soon does the department intend to have the scholar start?
  •  Who will be responsible for helping the scholar with pre-arrival arrangements such as airport arrival, housing and transportation?

Determining the Right Visa Type

Texas State uses the visa classifications described below to invite visiting scholars or hire international employees.  Departments that would like to invite or hire international scholars or employees should work through the International Office to obtain the proper documents for the individual’s visa application and entry to the U.S. or for a change of nonimmigrant status if they are already in the U.S. 

Before the department initiates a request to the International Office, they must first have an authorized position at the university secured through Faculty Records or Human Resources.  Employing an individual with one of these temporary authorizations usually requires a case specific submission of a petition to U.S. Citizenship and Immigration Service.  Also the U.S. Department of Labor has requirements that must be met before work at Texas State is authorized.  Neither the international employee nor an immigration attorney acting on behalf of the alien or department can file these petitions for Texas State employment.

Expand or Collapse all.
  • Detailed Visa Explanations

      • Available to visiting scholars, such as visiting professors, visiting researchers, postdoctoral fellows, etc.
         
      • Cannot be used for a tenure-track or tenured faculty position
         
      • Cannot be used for a staff position
         
      • Must obtain a Form DS-2019 (Certificate of Eligibility) issued by Texas International Education Consortium (TIEC) or outside sponsoring organization, e.g. Council for International Exchange of Scholars (CIES)
         
      • Must obtain a J-1 visa at US Consulate abroad to enter US (except for Canadian citizens), or obtain approval from US Citizenship and Immigration Services (USCIS) to change status to J-1 from within the US
         
      • J-1 Research Scholar and Professor category is limited to five years
         
      • J-1 Short-term Scholar is limited to a six-month stay
         
      • Note some exchange visitors are subject to the two-year home country residence requirement
         
      • If scholar has held J status (including J Student, Researcher, Professor, Specialist or dependent) in the United States, except as a Short-Term Scholar, for six months or more during the preceding 12 months, he/she is not eligible for the J-1 Research Scholar or Professor category
         
      • Scholars in the J-1 Professor or Research Scholar category become subject to the Two-Year Bar on repeat participation in those particular categories after completing their programs even if the program lasts less than five years.
        • DOS has taken the position that the Two-Year Bar also applies to J-2 dependents of J-1 Professors or Research Scholars if the J-2 subsequently wishes to return as a J-1 Professor or Research Scholar
        • The two-year bar is different from the two- year home country residence requirement.
           
      • May be given honorarium, stipend or salary by the J-1 program sponsor for pre-approved activities related to program objectives (in SEVIS).
      • Prior written authorization from TIEC must be obtained to engage in occasional lectures or consultation
         
      • Dependents of J-1 Exchange Visitors holding J-2 status may apply for employment authorization from USCIS

      Click here for more information on inviting J-1 Exchange Visitors

      • Employment restricted to the petitioning employer under the terms and conditions of the approved H-1B
         
      • Consult the International Office prior to any changes in H-1B employment at Texas State University
         
      • Must meet wage requirements as set by Department of Labor regulations
         
      • Must obtain H-1B visa abroad to enter US (except for Canadian citizens), or obtain approval from USCIS to change status to H-1B from within the US
         
      • H-1B status is initially granted for a maximum period of three years and can be extended for a total of six years (regardless of the number of employers) May be reimbursed for expenses
         
      • May receive honoraria, stipend, or salary only from Texas State for H-1B authorized activities
         
      • H-4 dependents of H-1B temporary workers may not work
      • Available only to Canadian and Mexican citizens
         
      • Must be an employee of Texas State
         
      • Mexican citizens must obtain TN visa abroad to enter US
         
      • Canadian citizens must show letter of job offer and educational credentials to obtain status at the port of entry or border crossing
         
      • May be requested in increments of up to three years, with unlimited extensions
         
      • Applies to only certain professions, most teaching and research positions
      • Not for employment of any kind
      • If certain conditions are met, may receive an honorarium
      • Visa must be obtained from US Consulate abroad (except for Canadian citizens) to enter US
         
      • Letter of invitation may be helpful in obtaining visa and/or explaining purpose of trip
      • May enter the US for short periods of time (usually less than three to six months)
      • Should have a nonrefundable round trip ticket
         
      • Should have documentation of funds to support expenses

      Click here for more information on B Visas

    • Same as for B-1/ B-2, except:

      • May enter US for a maximum of 90 days without a visa
         
      • Available only to citizens of certain countries who have registered online in advance through the Electronic System for Travel Authorization (ESTA).  Go to the Department of State’s website for information.
  • Common Scenarios

    • (Reimbursements do not require SSN or ITIN)

      J-1 Short-term Scholar
      The majority of temporary visiting scholars and researchers come to lecture or conduct research as J-1 Exchange Visitors.  Information on how to invite individuals to the U.S. in this status can be found on the J-1 Exchange Visitor website.  Short-Term scholars are allowed to remain in the U.S. no more than six months.

      B-1/B-2 or Visa Waiver
      Honorarium; stay is limited and individual must have an SSN/ITIN

    • F-1 Optional Practical Training*
      An international student in F-1 status may apply for temporary employment authorization called Optional Practical Training (OPT) to be used during a degree program or after the completion of course requirements.  Once the authorization has been approved by USCIS, an Employment Authorization Document (EAD) is issued. Departments at Texas State may employ F-1 OPT students for a period of time within the validity of the EAD.

      J-1 Academic Training*
      An international student in J-1 status may apply for a temporary employment authorization known as Academic Training (A/T) to be used during a degree program or after the completion of course requirements.  Once the authorization has been approved by the student’s J program sponsor, the J-1 receives a Letter of Authorization and extended DS-2019.  Departments at Texas State may employ J-1 A/T students for a period of time within the 18-36 month validity of the Letter of Authorization.

      *Student should apply for authorization through the International Office of the institution from which he/she has recently graduated.

    • J-1 Exchange Visitor
      The majority of temporary visiting scholars and researchers come to lecture or conduct research as J-1 Exchange Visitors.  Short-Term scholars are allowed to remain in the U.S. up to six months. Scholar/Researchers can be extended to up to five years.

      H-1B Specialty Occupation
      If the J-1 Exchange Visitor is not appropriate, researchers and employees in non-tenured faculty titles can be brought into the U.S. on H-1B visas.  H-1B petitions require approximately six to eight months to process.  It is important to consult the International Office to determine if the position is eligible for this status.

      TN Trade NAFTA Professional
      Certain professional workers from Canada and Mexico may be employed for up to 3 years at a time.

    • H-1B Specialty Occupation
      Tenure-track faculty members and permanent researchers should primarily be brought into the U.S. on H-1B visas.  H-1B petitions require approximately six to eight months to process.  It is important to consult the International Office to determine if the position is eligible for this status.

      O-1 Extraordinary Ability
      Certain outstanding individuals that have received and sustained national and international acclaim.

      TN Trade NAFTA Professional
      Certain professional workers from Canada and Mexico may be employed for up to 3 years at a time.

Need Help?

To assist you in determining the right visa type, please call the International Office at 245-7966.