U-M International Center issues new guidelines for hiring foreign nationals

Updated 10:45 AM January 4, 2007

U-M International Center issues new guidelines
for hiring foreign nationals

By Victoria Green
International Center

The U.S. Department of Homeland Security (DHS), which oversees immigration and customs enforcement, is getting tougher with employers around the country when it comes to the hiring of foreign nationals. As a result, U-M has adopted new guidelines to make sure it is in compliance with tightened regulations.

According to an Oct. 30 DHS news release, the number of arrests for worksite enforcement violations this year increased seven times over those made in 2002.

Penalties for violating U.S. immigration and labor regulations range from hefty fines on employers to civil and criminal prosecution. This increased emphasis on workplace enforcement does not simply affect private industry; it applies to higher education institutions as well.

In this era of heightened scrutiny it is important the University and its staff comply with federal government regulations to ensure that it can continue to hire and retain foreign national employees in the future. To help units understand the process of hiring these employees and how to comply with DHS immigration and U.S. Department of Labor regulations, the International Center—in collaboration with Human Resources and Affirmative Action, the Office of the Vice President and General Counsel, the Office of the Vice President for Research and other offices—has created comprehensive instructions and guidelines.

"The process of hiring a foreign national employee is much different from hiring a U.S. citizen or permanent resident," says Frances Mueller, interim director of the International Center. "It's important that hiring units follow the new U-M hiring guidelines to ensure that, as an institution, we consistently comply with continually changing federal immigration and labor regulations."

The guidelines provide an overview of the foreign national hiring process, including requirements for posting and advertising positions; how to write appropriate job offer letters; how to determine appropriate employment visa categories; and considerations when hiring for sensitive research positions.

The guidelines also address immigration and employment eligibility issues, such as the need for accuracy in recording visa status and expiration dates on federal I-9 Employment Eligibility Verification forms; recording changes in job duties; and notifying the International Center of substantial job changes.

"In addition to the current emphasis on immigration reform, the federal government is clearly increasing its workplace enforcement efforts by conducting more workplace audits and imposing serious sanctions for employment violations," says Tracy Schauff, immigration attorney and International Center Faculty and Staff Immigration Services manager. "By developing U-M guidelines for hiring foreign national employees, we want to educate U-M staff on the process and provide tips to help them avoid some known pitfalls. Failure to follow the guidelines could make U-M subject to significant fines or cause us to lose our right to sponsor visas for future employees."

The guidelines represent one of several institutional initiatives implemented within the past year to ensure Universitywide compliance with U.S. immigration and labor regulations. Others include the Retained Immigration Counsel policy (see www.umich.edu/~icenter/immig/retatty/), the U-M check requirement for employment-based visa filing fees (see www.umich.edu/~icenter/immig/h1bvisa/#fees), and the U-M Volunteering guidelines, which include information specific to foreign national volunteers (see www.ogc.umich.edu/faq_volunteer.html).

"At this time of increased scrutiny of immigration and employment matters, having clear, comprehensive institutional guidelines in these areas is key to ensuring compliance," says Donica Thomas Varner, assistant general counsel, Office of the Vice President and General Counsel.

Informational sessions on the new Hiring Foreign National Employees Guidelines began this month and will continue throughout January, in time for the start of the academic hiring period. The next session will be held 9-11 a.m. Jan.10 in Room 3222 Angell Hall.

For information on this and related immigration compliance workshops, go to the International Center Web site at www.umich.edu/~icenter/events/index.html. The new hiring guidelines can be found at www.umich.edu/~icenter/immig/hiring.html. Questions about them should be directed to Schauff at 647-7277 or tschauff@umich.edu.

U-M International Center issues new guidelines for hiring foreign nationals

More Stories

U-M International Center issues new guidelines
for hiring foreign nationals