Texas Transportation Institute

33.99.09.I1 Employment of Foreign Nationals

1.1 This rule applies to the employment of international researchers and staff, but does not apply to the employment of international students.

1.2 The TTI Human Resources Office will be responsible for the review of employment requests for full-time international researchers and staff at TTI.

1.3 The International Faculty and Scholar Services Office (IFSS) at Texas A&M University is authorized to provide assistance to TTI departments regarding immigration employment matters. This assistance includes, but is not limited to, reviewing supporting immigration documentation and facilitating the processing of immigration employment petitions after a contingent offer has been made by TTI. IFSS is also authorized to act as an agent for TTI in filing labor condition applications and applications for labor certification with the Department of Labor.

2.1 Documentation that an applicant for a position with TTI is eligible to work in the United States may not be requested until a contingent offer of employment has been made. Each offer of employment should state that employment is contingent on the applicant's ability to provide employment eligibility documentation required by federal immigration laws.

2.2 The Program, Division or similar administrative unit proposing to employ a foreign national is responsible for ensuring that all correspondence with a prospective foreign national employee regarding the possibility of employment prior to obtaining the necessary approvals for such employment does not constitute a firm offer of employment.

2.3 Supervisors or their designees are responsible for preparing the required documents to initiate the hiring of a foreign national; obtaining and furnishing any other required information; and reporting employment changes of foreign nationals to the TAMU Immigration Faculty & Scholar Services Office.

2.4 The continued employment of a foreign national student immediately after graduation is not guaranteed. Continued employment will be considered only on a case-by-case basis and may require that a notice of vacancy be posted.

3.1 Requests to hire foreign nationals must be routed through and approved by the appropriate Program Manager, Division Head, Associate/Assistant Director, TTI Human Resources Office and the Executive Associate Director before any action can be taken.

4.1 After a contingent offer of employment is made, the hiring supervisor will work with the Human Resources Office to facilitate the processing of immigration employment petitions.

5.1 The supervisor of the foreign national employee is responsible for contacting the Human Resources Office in each of the following circumstances:

1. when a foreign national employee gives notice of a change of address;
2. when a foreign national employee reports or fails to report for duty, or terminates employment;
3. when the nonimmigrant status of a foreign national employee requires extension or change to a different nonimmigrant category;
4. when a supervisor contemplates sponsoring a foreign national employee for permanent resident status;
5. when a supervisor contemplates changing the foreign national employee's scope of employment, training, work site, dates of employment, title, job description, salary, or hours per week; and,
6. when a foreign national employee obtains permanent residency in the United States.

6.1 Employment of nonimmigrant foreign nationals requires employer sponsorship and the filing of a written petition with United States Citizenship and Immigration Services for nonimmigrant status.

6.2 The supervisor proposing to sponsor a foreign national for nonimmigrant status is responsible for contacting the Human Resources Office to initiate the process.

6.3 The decision to sponsor a foreign national and file an employer-sponsored nonimmigrant status petition must be approved by the appropriate Program Manager, Division Head, Assistant/Associate Director, Director of Human Resources, and the Executive Associate Director.

6.4 The hiring department is responsible, as the employer, to pay for reasonable and relevant costs and/or fees associated with filing a petition to sponsor a foreign national for nonimmigrant status, including the attorney's fees of outside counsel authorized to represent The Texas A&M University System, if needed.

7.1 Sponsorship for permanent residency is not an entitlement. TTI will only consider sponsoring positions for permanent residency if the positions are eligible for such sponsorship and it is clearly demonstrated to be in the best interest of TTI to do so.

7.2 Petitions Requiring Sponsorship:

7.3 Temporary Positions That TTI Will Not Sponsor

TTI will not sponsor permanent residency for temporary positions including: postdoctoral researchers, postdoctoral scholars, researchers with fixed-term appointments, appointments linked to specific temporary funding, exchange visitors, temporary employees, and visiting appointments. Individual foreign national employees in these positions are not prevented from pursuing a self-sponsored immigrant petition, provided TTI is not named as a petitioning employer.

7.4 Sponsorship of Staff Positions

A staff position may be considered for sponsorship only in exceptional cases when it is determined to be in TTI's best interest. Such cases, however, are expected to be rare and will require additional justification beyond that required in subparagraph 7.2.2, above.

7.5 Petitions Not Requiring Sponsorship

Individual foreign national employees are not prevented from pursuing a self-sponsored immigrant petition (i.e., Extraordinary Ability or National Interest Waiver), provided TTI is not named as a petitioning employer. Assistance from TTI, if any, will be limited to an official letter of recommendation, if appropriate. A foreign national employee is responsible for notifying his or her department and the Human Resources Office regarding any change in immigration status resulting from a self-sponsored immigrant petition.

8.1 Prior to hiring a foreign national to work outside the United States, the hiring department must contact the Human Resources Office for assistance in determining the documentation and reporting requirements in the country of employment. The Human Resources Office will direct the hiring department to the appropriate office for assistance with immigration and tax compliance.

9.1 A foreign national employee is responsible for maintaining valid immigration status and employment authorization to continue employment and for immediately notifying their supervisor regarding any change in immigration status. The supervisor is responsible for ensuring that extensions or changes in immigration status are properly documented in a timely manner on a new or re-verified I-9 Form (Employment Eligibility Verification). The employing department may not continue to employ a foreign national employee if the employee has become an unauthorized alien with respect to such employment.

10.1 A private attorney must not be engaged to represent TTI in any nonimmigrant or immigrant petition or application unless approved by the Office of General Counsel in accordance with System Regulation 09.04.01. This regulation, however, does not prevent a foreign national employee from retaining individual counsel to obtain his or her own legal advice or representation.