Employing a Foreign National

Trade NAFTA (TN)

If a department has a Canadian or Mexican citizen applying for a job, prior to offering the job please contact the OIE for information regarding visa type.

The OIE may determine (based on the position) that the employee is eligible for a TN visa. If so, a letter from the department is required indicating the start date and end date of employment (can not be longer than one year), the salary, and a brief outlining of the position.

OIE will then send a letter to the potential TN worker that they will bring to the port of entry when they come into the United States. More information on TN visa regulations from the State Department.

H-1B

The OIE needs:

The OIE then sends this information to the law office of Dinse, Knapp & McAndrew for further review and processing. If further documentation is necessary, Kimberly Howard will be in touch with the department contact.

Once the H-1B petition has been approved, the law firm will contact the OIE and will send the approval notice to the worker either through the OIE or directly.

Permanent Residency

The Provost of the University of Vermont is the only person authorized to approve institutional sponsorship of an employee for permanent residency. UVM automatically considers tenure-track faculty members as eligible for sponsorship, but approval must still be granted. UVM will give sponsorship consideration to faculty who have been working full-time at UVM for a minimum of two years in Research Associate or higher rank and whose employment, including funding, is expected to last at least three years at the time the petition is filed. The Provost will consider exempt staff for sponsorship on a case-by-case basis, with substantial weight given to the availability of funding (in the case of non-General Fund positions) and whether UVM could otherwise recruit qualified candidates in the relevant U.S. labor market. UVM will not consider sponsorship of foreign nationals for employment in part-time, temporary, visiting, postdoctoral or term appointments.

Sponsorship does not guarantee that the employee will receive permanent residency (often referred to as a “green card”). The U.S. Department of Homeland Security, Office of Citizenship and Immigration Services (USDHS, USCIS) makes the final determination.

The process requires that the employee complete:

This information is then brought to OIE and forwarded to the law office of Dinse, Knapp & McAndrew for further review and processing.

It is very important to keep in mind that faculty should submit their application for permanent residency within 18 months of the date of their offer letter.