Faculty Visa Information

Erin Clark, Employment Immigration Manager | eclark32@nd.edu

Form I-9

Form I-9 was created as a result of The Immigration Reform and Control Act of 1986 to verify the employment eligibility of all hired individuals. Non-US citizens require a visa status and documentation of that status in order to complete Form I-9. Form I-9 must be completed within 3 days of hire; cannot pay salary without a valid Form I-9. Employees must be actively employed from the start date of their status; USCIS site visits. 

Tenure-track/tenured hires are usually offered H-1B visa sponsorship

  • H-1B process requires 3+ months once forms are received by ISSA

Temporary hires are usually offered J-1 visa sponsorship

  • J-1 process requires 2 months once forms are received by ISSA

Does not include time to acquire NDID, complete ISSA’s forms

The H-1B process – What is happening during those 3+ months?

  • ISSA and NDR processing/review: 1 week
  • DOL processing: 2 weeks
  • Application assembly: 1 week
  • Application mailed to USCIS in CA: 1 week
  • USCIS decision: 2 weeks with premium processing; 8 weeks with standard processing (currently)
  • Approval notice returned to IN: 1 week
  • Employee schedules/attends visa interview, receives visa, arranges travel, and moves to the US: 4 weeks 

Note: H-1B employees can arrive only 10 days in advance; earlier arrivals would require a visitor visa or visa waiver and a departure prior to the start date

When can I start the process?

  • Submit ISSA’s Immigration Request Form 3-7 months before the start date
    • Applies to new hires, renewals, and transfers from other employers

Visa restrictions

Can only work in the position listed on the application

If there will be job changes, contact ISSA for review 3+ months in advance

  • Can only work in the location listed on the application (not from another county)
  • If there will be location changes, contact ISSA for review 3+ months in advance

Advertising requirements for teaching positions (if sponsoring permanent residency)

Place in a national professional journal, giving the name and the date(s) of publication (if online, posted for 30 days); stating the job title, duties, and requirements

Submit the Request to Initiate PR form through ISSAlink during the first semester for faculty in tenure-track/tenured teaching positions due to the 18-month* deadline and 9 months of processing that must occur BEFORE the 18-month deadline...or face re-advertising/re-recruitment

*18 months from the initial offer



Related Links

International Student and Scholar Affairs (ISSA)