International Faculty and Staff

Elon’s Immigration Services within the Office of Human Resources assists Elon’s hiring departments in obtaining H-1B, TN, O-1 and E-3 employment authorization for international employees, ensuring compliance with employment and immigration laws. For F or J visa status support, please visit the Isabella Cannon Global Education Center.

Be aware that Elon University assumes a major responsibility when sponsoring an international scholar, faculty, or staff member. We must be certain that our sponsorship is extended for purposes which are consistent with the University’s goals and programs, as well as federal and state immigration laws.

Elon University, like many other US institutions of higher learning, intends to recruit the best and brightest among qualified non-immigrants in order to respond to the needs of its various academic programs. Elon University will petition on behalf of qualified foreign national faculty or staff for work authorization, when appropriate.

We strongly encourage the departments, schools and supervisors to consult with Elon’s Immigration Services to find ways and means of meeting their needs.

Current Visa Status

A candidate’s current visa status can affect the time it takes to obtain employment authorization to hire the employee. Depending on the candidate’s status, this could be immediate or take over 12 months in extreme cases.

• If an international employee is on F-1 OPT status, they can start right away with a valid employment authorization document.
• International employees in J-1 status may be subject to the 2-year home residency requirement, which can be waived in some cases. The waiver must be approved before filing the H-1B petition, a process that currently takes 6 to 8 months. Typically, international employees in J-1 status will be brought over to H-1B status as soon as feasible.
• If an international employee is already on H-1B status with another employer, we can transfer them to Elon University relatively quickly. However, if an international employee is abroad, obtaining employment authorization may take several months.

Desired Hire Date

Ideally, we recommend a lead time of at least 9 months before the hire date for Elon’s Immigration Services and external immigration counsel to prepare and file the non-immigrant petition. We understand that this much time is not always possible, and we can process cases with shorter timeframes. Please note that these cases do incur additional expediting fees and have greater associated risks due to the shorter timeframe.

Petition Timeline

From case initiation to adjudication, non-immigrant visas can take between 12 to 18 months under standard processing. For Change of Status and Change of Employer cases, Elon incurs a premium processing fee paid to USCIS. Premium Processing is an expedited service offered by USCIS for certain types of visa and immigration applications. It allows applicants or their sponsoring employers to pay an additional fee to have their petitions processed within a shorter timeframe than the standard processing time.

Prevailing Wage

This is applicable when petitioning for H-1B and E-3 status. Since H-1B is the most common visa status at the University, it’s crucial to consider this when hiring international employees.

The Department of Labor (DOL) regulations require Elon to pay international employees the higher of the Prevailing or Actual Wage.

Travel Requirements

International employees should avoid traveling while their non-immigrant visa petitions are pending with USCIS without contacting our office first. Traveling abroad during specific stages of the non-immigrant visa process can impact the petition’s outcome.

International employees are responsible for ensuring they are in possession of a valid I-94 Arrival/Departure Record at all times they are physically present in the U.S. An unexpired visa is not required. However, to return to the U.S. after any foreign travel, a valid visa stamp in the passport is required.

H-1B Petition Roadmap

Eligibility

H-1B status requirements:

• Job must require a minimum of a bachelor’s degree or equivalent.

• Position must be in a specialized field.

Positions that don’t qualify:

• Roles with “or any equivalent combination of experience/training/education” in lieu of a bachelor’s degree.
• Positions requiring a bachelor’s degree in an unrelated field.

Types of Cases

Change of Status

If an international employee is currently in the US in a valid nonimmigrant status (H-4, J-1, J-2, F-1, F-2, O-1, etc.), the status can be changed to H-1B. The international employee can begin working once Elon’s Immigration Services receives the USCIS approval notice and the start date reflected on the approved petition.

International employees currently working at Elon in another employment-based status (e.g., J-1 or F-1 OPT) can continue to work for the duration of that status or until H-1B status is granted, whichever occurs first. If the petition is submitted to USCIS during the F-1 or J-1 grace period, the international employee is eligible to remain in the US but not eligible to work.

J-1 program participants must first obtain a waiver of the 212(e) Two-Year Home Residency Requirement through the Department of State and USCIS or fulfill the two-year requirement in their home country. Not all J status holders are subject to the Two-Year Home Residency Requirement.

Extension

Elon is permitted to apply for H-1B status for international employees for periods of up to 3 years initially. An extension can be requested through additional petitions until the total time in H-1B status reaches 6 years. An extension request may be filed with USCIS up to 6 months prior to the expiration date.

The desired start date will be the day after the previous H-1B expires. The employee may continue working for up to 240-days after the current H-1B expires and reside in the US as long as the H-1B extension was filed BEFORE the current H-1B expiration. The 240-day period commences on the day following the expiration of the previous USCIS H-1B approval. If the petition were to be denied within that 240-day period, the employment authorization would end on that day.

H-1B status can be extended past the 6-year limit under certain circumstances with a pending Permanent Residence (“Green Card”) application.

Amendment

Departments must consult with Elon’s Immigration Services prior to changing any terms of an international employee’s H-1B employment (i.e., when there is a change in the employee’s job title, duties, worksite location, FTE, etc.) to determine whether an amended petition is required.

If an amendment is required, the employee can begin the new working conditions once the petition is received by USCIS and as of the requested start date reflected on the petition.

Change of Employer/Transfer (Portability)

H-1B status is employer specific. If a hiring department wishes to sponsor an individual who is already in the U.S. in H-1B status through another employer, Elon must file a petition for change of employer with USCIS. The international employee must maintain current H-1B status in order to be eligible for an H-1B transfer.

There is a 60-day grace period for those whose employment is terminated prior to their H-1B expiration date, which will enable them to extend their status, change or otherwise maintain status or prepare to depart the United States. We would advise there be no gap in employment to be safe.

The 60-day grace period can be less depending on the H-1B expiration date. It is a 60-day grace period OR the date the H-1B actually expires – whichever comes first.

Per Elon policy, the international employee can only begin employment at Elon once we receive the electronic “USCIS Email Approval Notification” from external immigration counsel AND the start date occurs.

Consular Processing

If the international employee is abroad, this would be a case for consular processing. With the original H-1B approval notice, the international employee will apply for the H-1B visa stamp at the US Consulate/Embassy abroad. The international employee will not be in valid H-1B status until entering the US and presenting the original H-1B approval notice (Form I-797) and passport containing the H-1B visa stamp. International employees may enter the US as early as 10 days prior to the approved start date.

Upon entry, the international employee must provide the Office of Human Resources a copy of their H-1B visa stamp and their I-94.

POE (Port-of-Entry)/PFI (Pre-Flight Inspection)

Typically reserved for Canadian Citizens. Canadians are not issued H-1B visa stamps in their passports. With the original approval notice, the international employee will be able to seek entry into the US at a Class A port-of-entry.

Upon entry, the international employee must provide the Office of Human Resources a copy of their H-1B entry stamp and their I-94.

This visa category is employer-specific as designated by Elon’s Responsible Officer (RO) for permissible activity or training incidental to status.

Please contact the staff at the Isabella Cannon Global Education Center for more information.

This visa status is intended for a small group of persons recognized internationally or nationally for their extraordinary ability in sciences, art, education, in business, motion pictures, athletics and television.

The O-1 non-immigrant status is intended for the very small group of persons who have reached the very top of their field of endeavor. This includes those who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts and education and who might come to the University as researchers, professors or artists. Others in business, athletics, motion pictures and television may also be eligible.

The first way to demonstrate “international acclaim” is to receive a Nobel Prize or other major, internationally recognized award of equal stature. Alternatively, evidence can be presented that an individual meets at least three of eight criteria.

These criteria include:

• National or international awards in the field
• Published materials in professional journals or major media concerning the individual’s work in the field
• Membership in associations requiring recognition of outstanding work in the field
• Evidence of acting as a judge of others’ work in the field
• Evidence of original scientific contribution of major significance in the field
• Evidence of authorship of scholarly articles in the field
• Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation in the field
• Evidence of commanding a high salary within the field

The O-1 application is a high priority application intended to provide a fast and easy way to bring leading figures in a field to the United States. The main problem is in gathering the quality and quantity of documentation required to support the application. Because of the high standard of evidence of eligibility, the O-1 status is used infrequently.

O-1 status can be granted initially for up to three years with yearly extensions thereafter. There is no maximum period specified.

Canadian or Mexican citizens may enter the U.S. for temporary employment appointments based on provisions that appear in the United States, Mexico, Canada Agreement (USMCA), formerly North American Free Trade Agreement (NAFTA).

The TN visa category allows citizens of Canada and Mexico to work in the United States in certain professional activities listed in Chapter 16 Appendix 2 of the USMCA.

The status can be approved for up to 3 years at a time. Extensions can be approved in increments of up to 3 years. There is no statutory limit on how long an international employee can be in TN status. International employees in TN status must have the intention to leave the US upon completion of their assignment.

Eligibility

• International employees must be citizens of Canada or Mexico.
• The position must meet the requirements of the TN professional activity list.
• The international employee must meet the qualifications of the position as listed in USMCA.
• The position must be temporary.

Types of Cases

USCIS Approved TN status

The original TN approval notice is valid for employment. The international employee will receive a new I-94 form that is attached to the bottom of the TN Approval Notice. Unless traveling to Canada or Mexico for less than 30 days, Mexican citizens will need to ensure they possess an unexpired visa stamp issued by a U.S. consular post the next time they return to the U.S. following international travel. Canadian citizens are visa exempt.

Applying for TN visa

For Canadian citizens

International employees depart the US and present themselves to the Customs and Border Protection (CBP) Officer at a Class A port-of-entry. The actual TN period is solely up to the discretion of the CBP Officer. Along with the TN support letter, the international employee should be prepared to present additional documents to the CBP Officer processing their entry:

• Original Canadian passport
• Academic credentials (diploma, transcript and/or academic credential evaluation) – the CBP Office may request to see original documents
• Current CV or resume

For Mexican citizens

International employees schedule a visa appointment at the U.S. Consulate/Embassy in Mexico. Please go to the respective U.S. Consulate/Embassy’s website for information on the requirements. Make sure to follow all of the instructions.

All non-immigrant visa applicants should complete Form DS-160, the application for a nonimmigrant visa. It is up to the discretion of the consular officer whether to approve the TN visa or not. If approved, the international employee’s passport will be returned to them by the US Consular/Embassy with a TN visa stamp.

The international employee will not be in valid TN status until entering the US and presenting their passport containing the TN visa stamp. International employees may enter the US as early as 10 days prior to the approved start date.

E-3 is a nonimmigrant status for Australian citizens coming to temporarily work in the US in specialty occupations.

A specialty occupation requires specialized knowledge and at least a bachelor’s degree in a relevant field.

E-3 status can be initially valid for up to 2 years and is extendable in 2-year increments.

Eligibility

E-3 status is available to eligible Australian international employees in specialty occupations requiring a bachelor’s or higher-level degree.

No minimum FTE is required for E-3 sponsorship.

Requirements

• The job must require at least a bachelor’s degree (or equivalent).
• The candidate must have a specialized degree or its equivalent, related to the position offered.

Positions that don’t qualify for E-3 sponsorship include:

• Jobs that allow an equivalent combination of experience/training/education instead of a bachelor’s degree.
• Jobs requiring a bachelor’s degree in an unrelated field.

Types of Cases

Consular Processing

E-3 status can be obtained without filing a petition with USCIS and paying USCIS filing fees.

The international employee applies for the E-3 visa stamp at a US Consulate/Embassy abroad with an employer support letter, certified Labor Condition Application, and other required documents. Once the visa is issued, the employee can travel during its validity and enter the US as early as 10 days before the start date.

Change of Status

Changing to E-3 status within the US is possible but not recommended due to unavailability of Premium Processing service. The employee can work once approval is received.

Employees under another status (e.g., J-1 or F-1 OPT) can work until that status ends or until the E-3 petition for change of status is approved.

Extension

E-3 status can be extended in 2-year increments with no maximum limits. Petitions for extensions of stay can be submitted up to 6 months before expiration.

Amendment

Consult with Elon’s Immigration Services before changing any terms of E-3 employment. If an amendment is required, work can begin once an amended petition is received by USCIS and by the start date reflected on the petition.

Change of Employer

To hire someone already in E-3 status, approval of a change of employer petition by USCIS is required.

There’s a 60-day grace period for those terminated before E-3 expires, allowing time to extend, change status, or prepare to depart the United States.

Permanent residents, also known as green card holders, can permanently reside and work in the United States. International employees can pursue permanent residency through various pathways, including employment. All applications and petitions for Elon University employment-sponsored immigrant statuses for permanent residency must be submitted through Elon’s Immigration Services. Sponsoring departments should contact Elon’s Immigration Services directly for such requests.

Categories for Permanent Residency

Elon sponsors international employees for permanent residency through three categories:

EB-2 PERM – Special Handling

This application involves the University demonstrating that it recruited for the international employee’s faculty/teaching position through a good-faith search, including at least one advertisement in a national professional journal. The international employee must hold a permanent, full-time teaching position. The University must document that the international employee was the most qualified candidate who applied through the competitive recruitment process. The application must be filed within 18 months of the issuance of the international employee’s offer letter. Missing this deadline may require running a new ad and issuing a new offer letter.

EB-2 PERM – Regular Processing

The purpose of the PERM Labor Certification – Regular Processing is to prove to the Department of Labor that there is a shortage in the labor market for the offered position. This application involves the University demonstrating that a full-scale recruitment was conducted in good faith and that no minimally qualified U.S. applicants (U.S. citizens or permanent residents) were available and willing to accept the employment. The entire recruitment process must take place within 180 days.

EB-1(b) Outstanding Professor/Researcher

This application requires demonstrating international recognition for the international employee’s outstanding achievements in a specific academic field. The international employee must have at least 3 years of experience in teaching or research in that academic area and should be entering the United States for a tenured or tenured-track teaching or comparable research position at a university or other higher education institution. The international employee must provide evidence in at least 2 of the following 6 categories to prove international acclaim:

• Evidence of major prizes or awards for outstanding achievement
• Membership in associations that require their members to demonstrate outstanding achievement
• Published material in professional publications written by others about the alien’s work in the academic field
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Original scientific or scholarly research contributions in the field
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Other Employment-Based Petitions and Applications

International employees can personally file self-sponsored petitions for immigrant classifications, including EB-1 for persons of extraordinary ability and EB-2 (National Interest Waiver) for aliens of exceptional ability in the sciences, arts, or business whose presence and activities in the U.S. are in the national interest. Private legal counsel and services may be retained by international employees for such petitions, with the costs being their responsibility. Employing University units may provide a copy of the current offer of employment letters and/or a confirmation of current employment letters for employee-sponsored cases. However, departments/centers are not permitted to issue letters to international employees indicating permanent employment without written permission from Elon’s Immigration Services.

B-1 Visa Status (Business Visitor)

The B-1 category enables foreign nationals to travel to the United States to engage in commercial transactions, negotiations, consultations, conferences, etc. With limited exceptions, business visitors may not engage in skilled or unskilled labor. The B-1 category is not appropriate for those who intend to obtain and engage in employment while in the United States. To be eligible for the B-1 visa, the applicant must document the purpose of the trip, intent to depart the United States, and funds to cover the costs of the trip.

B-2 Visa Status (Tourist/Visitor)

The B-2 category is used for visitors who wish to come to the United States temporarily for pleasure. B-2 visitors are NOT permitted to engage in employment of any kind while in the U.S.

Special Notes for those on B-1 Status

Visitors in B-1 status are allowed to receive reimbursements for travel and incidental expenses or per diems related to the B-1 activity. Note that the total amount of such payments cannot exceed what is “reasonable” as a business expense.

Honorariums

Visitors receiving honoraria may only be engaged in the academic activity for nine or fewer business days, AND the visitor may not have received honorarium payments from more than five academic institutions in the past six months. This requirement is generally known as the “9-6-5 rule.”