Departmental Resources

ÈâÈ⴫ý recognizes the unique contribution international faculty and staff make to our dynamic university community. It is important that units in which these individuals are employed are aware of university procedures for processing employment visa and permanent petitions.

Visa Types Permitting Employment

KSU employees must have valid proof of employment eligibility in the U.S. due to citizenship, status as a permanent resident, or status as an employment-eligible non-resident. This proof of employment eligibility must be secured prior to the expected start date and must be maintained throughout the period of employment. For non-residents, there are a variety of visa types that permit employment. Some require KSU sponsorship, others do not. Below is a chart of the most common visa types for employees at KSU and considerations surrounding these visa types. Please contact the International Student and Scholar Services Office (ISSSO) at internationalscholar@kennesaw.edu should you have questions about these types or other options.

H-1B  J-1 Scholar F-1 Optional Practical Training (OPT)
Description Visa type for individuals in the U.S. performing services in a specialty occupation for a specific employer.  Educational and cultural exchange visa type for research scholars, professors, short-term scholars, or specialists under the sponsorship of the university's exchange visitor program. Employment authorization for a student or recent graduate with an F-1 visa to pursue training directly related to their major field of study. OPT categories are Pre-Completion, Post-Completion, and STEM Extension.
General Eligibility

Position requires the theoretical and practical application of a body of highly specialized knowledge, with a Bachelor’s degree as the minimum requirement for the profession.

Offered actual wage meets or exceeds the Department of Labor's prevailing wage for the position. 

Faculty positions must be full-time, tenure track or non-tenure track. Limited term appointments will not be sponsored. Staff positions must be for at least one full year.

Previous or current J-1 exchange visitors subject to 212(e) who have not met the 2-year home residency requirement or received a waiver are not eligible for a change of status from J to H-1B or for an H-1B visa. 

Scholar holds a master’s degree or a bachelor’s degree with extensive experience in the relevant field.

Possesses English language proficiency.

Possesses adequate financial resources to complete his/her program.

Not subject to the 12 or 24 month bars on participation.

Will obtain adequate health insurance coverage.

Has received an offer letter, if employed by KSU

Position must be directly related to the F-1 student's major field of study.

For STEM Extension OPT, student's major must be listed on the . The position must be at least 20 hours per week and the employer must complete and comply with the I-983 Training Plan. 
Length of Stay

Status can be granted for an initial period of 3 years, with extensions possible for up to 3 more years for a total of 6 years cumulatively.

Research Scholars and Professors: up to 5 years.
Specialists: up to 1 year. Short-term Scholars: up to 6 months.

Pre-Completion OPT: may be requested for up to 1 year.
Post-Completion OPT: usually 1 year, but may be less if Pre-Completion OPT was used.
STEM Extension: 2 additional years after Post-Completion OPT.
Who Files the Request for the Immigration Status

KSU is the petitioner; the employee is the beneficiary.

KSU department hosts, ISSSO issues the DS-2019, the scholar applies for the J-1 visa.

F-1 student files the petition and ensures employment is accurately reported.
Cost

KSU department pays the filing fees and associated costs (approximately $3,000). Premium processing for a faster USCIS response time is optional, with an additional cost of $2,500.

Scholar pays for shipping of the DS-2019 and visa application fees.

F-1 Student pays the I-765 Application Fee.
Processing Time

Approximately 6-8 months. Factors include collection of documentation, petition preparation, and USCIS processing times. Time can be reduced via USCIS premium processing, which guarantees an initial response within 15 days from when the petition is received. 

If applying for a change of status within the U.S., employee may begin working on the date approved by USCIS. If outside the U.S. needing a visa to entry to the U.S. please see approximate visa appointment wait times at . 

DS-2019 can usually be issued 3-5 business days after receipt of fully completed request, provided documentation is acceptable. See the J-1 Scholar Request webpage for more details.

Please see approximate visa appointment wait times at .

 

Time is dependent upon the student's filing for OPT and the status of their OPT request with USCIS. Generally, OPT requests are adjudicated in approximately 3 months.
Limitations

Employee may only work for the employer and position authorized on the H-1B petition.  Material changes in employment such as termination/resignation, change in positions or job duties, or salary may require an update to the petition and must be reported prior to the change.

Advance authorization is required in order for scholar to perform employment activities off-campus.

If subject to the 212(e) home residency requirement, scholar cannot change from J status to most other statuses while inside the U.S. AND cannot obtain an immigrant visa, H visa, L visa, K visa, or Permanent Residency status until having spent two years in their home country or received a waiver of the requirement. 
 
J-1 Research Scholar or Professor cannot start a new J-1 Research Scholar or Professor Program until two years after the end of the first program.

OPT employment must be directly related to the F-1 student's major.

F-1 students may only participate in OPT once per education level.

The STEM OPT Extension may only be requested twice in a student's lifetime.

 

H-1B Sponsorship

  • H-1B non-immigrant status is designed for individuals coming temporarily to the U.S. to perform services in a specialty occupation, defined as "an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in a specific specialty as a minimum for entry into the occupation in the United States." INA 214(i).

    The H-1B has the interesting characteristic of permitting dual intent. Unlike many other visas, a holder of an H-1B may intend to be in the U.S. for a temporary and permanent period of time, opening the door to apply for permanent residency while in H-1B status.

    For the H-1B, the employer is the petitioner and the employee is the beneficiary. The H-1B is authorized according to specifics in the petition.

    • Employer: H-1B employees may only work for the employer listed in the approved petition.
    • Position: The H-1B is approved for a specific job, salary, and hours per week. Any changes to the position may require an amended H-1B petition.
    • Location: The H-1B is approved for the employee to work in a specific location. A change in location (including departments, campuses, or remote work) may require an amended petition.
    • Time: An H-1B may be initially requested for a maximum of three years. An H-1B can be extended, but the maximum amount of time an individual may hold H-1B status is 6 years, with a few exceptions. 
    • Step 1: The employee's department submits a request to sponsor their employee for an H-1B visa, providing the required information.
    • Step 2: The employee provides the ISSSO with documentation related to their immigration history and any other requested supporting documentation.
    • Step 3: Upon determining that the position meets the criteria and the employee is eligible for H-1B status, a Labor Conditions Application (LCA) is filed with the Department of Labor.
    • Step 4: Upon approval of the LCA by the Department of Labor, the H-1B petition is submitted to USCIS. Processing times can vary and can take several months under regular processing. If a department chooses premium processing, USCIS will provide an initial response to the petition within 15 days of receipt.
    • Step 5:  If the H-1B petition is approved, USCIS will issue an I-797A approval notice, which will be sent to the ISSSO and then provided to the employee.
    • Step 6: Employees with an approved H-1B petition should contact KSU's Human Resources to make sure their information is properly updated with HR.
    • KSU will only file for full-time (100% time plus benefits) employees. Faculty positions must be full-time, tenure track or non-tenure track. Limited term appointments will not be sponsored. Staff positions must be for at least one full year.
    • KSU sponsorship for H-1B status is available for positions that support the academic mission of the university  and are considered "specialty occupations" as defined by the regulations. KSU will not petition for an individual whose occupation does not meet these standards (e.g. clerical/secretarial positions, low-level accounting professional positions). Ultimately, United States Citizenship and Immigration Services (USCIS) makes the final decision on whether an individual qualifies for H-1B classification.
    • The department must cover the associated costs of filing the H-1B petition. Premium processing for a faster USCIS response time is optional, with an additional cost of $2,500.
    • H-1B sponsorship can only proceed after a thorough review of all required documentation. 
    • The actual wage must meet or exceed the prevailing wage determined by the U.S. Department of Labor.  The actual wage is the wage paid to other "similarly situated" co-workers with the same duties and qualifications; the prevailing wage is the average salary paid to workers in the area of intended employment.
    • The H-1B is employer and job specific. This means that the employee may only work at the sponsoring employer and in the job as it was described in the petition. Changes to the employment may require an amended H-1B petition prior to the change taking effect. It is the department's responsibility to notify the ISSSO of these potential changes. Changes include:
      • Title
      • Job duties
      • Salary
      • Work location
      • Termination or resignation
    • Under federal law, H-1B employees may not have access to controlled technology without the appropriate license. Should an H-1B employee's duties require access to such technology, please contact the ISSSO as well as the Office of Research regarding a license.
    • If the department wishes to sponsor an H-1B extension for a current employee, this should be requested no later than 6 months before the expiration of the employee's current H-1B status. The department must cover the associated costs of filing the extension petition. Although the ISSSO will generally send reminders to the department, it is also the employee's responsibility to track their expiration date and follow up as necessary. 
    • Federal law requires that employers who terminate the employment of an H-1B worker before the expiration of their current H-1B status must pay the reasonable cost of return transportation to the employee's last residence abroad. Departments are expected to cover these costs.
    • The Petition: Preparation and filing of the H-1B petition is a multi-step process which takes significant lead time. Once filed, an H-1B petition can take several months for approval, depending on USCIS processing times and whether premium processing was chosen. With premium processing, USCIS will review the petition within 15 days of receipt. Note that this does not guarantee approval. USCIS could respond within the 15 days with a request for additional information, approval, or denial.
    • Beginning Employment:
      • Individuals outside the U.S. must wait for the approval notice before applying for an H-1B visa stamp at a U.S. embassy or consulate and entering the U.S.  The employee is responsible for any fees associated with obtaining the visa. Please note that individuals with approved petitions and a visa may enter the U.S. no earlier than 10 days before the petition takes effect.
      • Individuals currently in another non-immigrant status may only work under the terms and conditions of their current status. If their status does not provide work authorization or if that authorization expires, the employee may not work and may only be employed upon approval of the change of status to H-1B and once the effective date is reached. F-1 and J-1 visa holders may not work during their grace periods.
      • An H-1B employee who is currently in H-1B status elsewhere may not begin work at KSU until the I-797C Receipt Notice from USCIS has been received by KSU. The receipt notice serves to verify proper filing of a KSU-sponsored H-1B petition to "port" or transfer, the current H-1B to KSU. 
      • All new employees are required to attend Human Resources Orientation before beginning their employment at KSU. At orientation, employees are required to present documentation verifying their employment eligibility in the U.S. as part of the federal I-9 process. If an employee does not have a Social Security Number, they will need to apply for one and provide a copy of the card to HR in order to go through the e-Verify process and in order to be paid.
    • Length of Stay: Non-immigrants in H-1B status are eligible for a total maximum stay of 6 years. The initial petition may cover a period of up to three years and may be extended, before the expiration date, to a total of 6 years. The 6-year limit, however, is cumulative, not per employer. In certain cases for employees seeking permanent residency, additional extensions may be granted.

Permanent Residency Sponsorship

  • Permanent residency allows a foreign national to live and work in the U.S. indefinitely. There are several categories that one may file under for permanent residency. KSU will consider sponsoring employment-based permanent residency petitions under the EB-1B Outstanding Professor or Researcher category or the EB-2 Advanced Degree or Exceptional Ability category. Each of these categories have their own requirements.

    • EB-1B Category: This category is reserved for those considered outstanding in their specific field, who have obtained international recognition as a Professor or Researcher, and who have been a professor for at least three years. Only tenured or tenure-track faculty may use this category and extensive documentation is required.
    • EB-2 Category: This is the most common route to an I-140 approval for teaching faculty at KSU. In order to pursue this category, the position must require classroom teaching duties and at least a Master's degree in the appropriate discipline for the position. Staff positions must be in a specialty occupation and will be reviewed on a case by case basis.
  •  The Permanent Residency Process is a three-step process that can take multiple years. 
    • Step 1: For EB-2 cases, Labor Certification must be obtained from the Department of Labor. This involves requesting a Prevailing Wage Determination from the U.S. Department of Labor and then filing a Permanent Labor Certification (PERM). PERMs must be filed within 18 months of the date the candidate was selected or a new recruitment would need to be run.
    • Step 2: The next step is filing the I-140. For employment-based petitions, this is filed by KSU. Premium processing for a faster response time is optional.
    • Step 3: The final step is the I-485, which is the individual's petition to adjust status. As the I-485 is a personal application, KSU does not assist employees in completing the I-485 packet. The employee is encouraged to seek outside counsel and is responsible for all costs associated with the I-485 filing, including filing fees and biometrics, and any additional forms and fees such as requests for employment authorization and travel documents. Please note that in some cases, employees from certain countries may need to wait several years to file their I-485. 
    • KSU will only sponsor applications for full-time tenure and non-tenure track faculty positions involving some classroom teaching duties, and full-time staff positions in a specialized occupation. Staff requests will be reviewed on a case by case basis.
    • Positions cannot include a set end date for employment, and the intention must be for long term employment.
    • The applicant's education and experience must be in the same field of study as the position in which they will be doing the instruction or administration and are commensurate with the job description for similar positions across the university and University System of Georgia. Additionally, the applicant must have had the education and experience as listed in the position's requirements in the position advertisement at the time of hire. 
    • The applicant must have met all requirements for the position at the time of selection and was found more qualified than all U.S. workers who applied.
    • The department must cover the required, associated costs of the PERM and the I-140 petition.  All other fees including legal and filing fees for other petitions and medical exam fees must be covered by the employee.
    • International faculty/staff, international candidates, and departments may not use outside counsel to file a KSU-sponsored petition in the university's name. All employment-sponsored petitions must originate with the ISSSO. 
    • Sponsor the petition and fund the associated filing fees. Contact the ISSSO during the employee's first semester of employment to discuss sponsorship for permanent residency. The timeline is critical to ensure that KSU files the required labor certification application within 18 months of the employee's selection to take advantage of the special handling provisions for EB-2 petitions. 
    • If necessary, conduct a re-recruitment process in order to proceed with permanent residency sponsorship if the 18-month deadline is missed or if DOL regulations regarding PERM filings were not followed in the original recruitment effort. 
    • Provide documentation regarding the search that resulted in selection of the candidate. This includes number of applicants, number of interviews, and why the candidate selected was the most qualified candidate for the position.
    • Post PERM filing notices within the appropriate workplace as necessary.