Kim Howard
Director of HR Services
617-287-5165
Visa Petitions and Employment Eligibility
The federal government requires that all hires in an organization must provide documents that verify identity as well as employment eligibility within three business days of when they actually begin work in order to satisfy I-9 requirements. Otherwise, it is illegal for those employees to work. Non-Resident Aliens require a visa in order to work in the United States, and must petition to secure such a visa. This process can be time consuming, so such individuals need to plan ahead to ensure they have all the necessary documentation in place before they can begin work.
Visa Petitions
The university’s policy will only permit Non-Resident Aliens holding an H-1B, J1 or TN visa to work at UMass Boston. For information on processing these Visas, contact Human Resources.
H-1B Visas
The H-1B visa category allows U.S. employers to hire foreign nationals on a temporary basis for bona-fide professional positions. It must be demonstrated in an approved job description that the position requires a professional in a specialty occupation and that the intended employee has the required qualifications. As a general rule, to be considered a “specialty occupation” the position must require a Bachelor’s or higher degree (or foreign equivalent) in a specific specialty as a minimum requirement for entry into that occupation. The position must also require “theoretical and practical application of a body of highly specialized knowledge.” H-1B visas may be issued for a period of up to three years, with extensions for a maximum of three additional years.
J-1 Visas
The university’s approved J-1 Exchange program authorizes visas to be issued to students, scholars, trainees, professors and research scholars in fields of specialized knowledge or skill who have been accepted to participate in an academic program or be employed by a sponsoring academic department for up to three years in most instances.
TN Nonimmigrant Classification
Under the North American Free Trade Agreement (“NAFTA”), Canadian and Mexican Nationals who come to the United States are eligible to work in one of a specific list of professions, almost all of which require at least a bachelor’s degree. Canadians may apply directly at the port of entry and Mexicans must file a petition with the INS. A TN nonimmigrant is admitted for one year, with an unlimited number of annual extensions permitted.
Student (F-1 Visas)
Foreign national students seeking admission to the university in an F-1 Student Visa status must apply directly to the International Student Office in the university Advising Center, located on the 3rd Floor of McCormack Hall. International students doing a complete course of study and holding the F-1 Visa are only allowed to work up to 20 hours per week.
Employment Eligibility
When verifying employment eligibility, any one document that establishes both identity and employment eligibility (e.g., U.S. Passport, Certificate of U.S. Citizenship, Certificate of Naturalization, Alien Registration Receipt Card) would satisfy the requirements for an I-9. Otherwise, a combination of documents is required to verify a person’s employment eligibility. One type of document needs to establish identity (e.g., driver’s license, school ID card with a photograph, voter’s registration card) while the other needs to establish employment eligibility (e.g., U.S. social security card, original birth certificate, U.S. Citizen ID card, unexpired employment authorization document issued by the INS). For non-citizens, a passport and unexpired visa is always required to satisfy the INS requirements.
For additional information on Employment Eligibility, see the Bureau of Citizenship and Immigration Services Web site.