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Home :: Policies :: Employment of Foreign Nationals

Employment of Foreign Nationals

Responsible Department
Human Resources
Effective Date
03/05/2015
  1. .

    Purpose

    The purpose of this policy is to ensure compliance with federal regulations governing the employment of foreign nationals. It serves as a guide to protect the organization and individual employees from substantial penalties that may be incurred in the employment of unauthorized aliens.  This policy applies to the employment of foreign nationals in any faculty or staff position at University of North Georgia, regardless of full-time equivalency (FTE), appointment period, or funding source.

  2. .

    Definitions

    1. Employee:  An employee of UNG is an individual who performs services that are subject to the will and control of the university in terms of the job description and requirements.  An employee is paid through the payroll system, with accompanying tax withholding as provided by law.

    2. Foreign National:  An individual who is not a U.S. citizen, permanent resident, or resident alien of the U.S.

    3. H–1B:  A temporary, nonimmigrant visa issued to a foreign national who has specialized educational credentials and who has been offered a position requiring the application of a theoretical and specialized body of knowledge acquired in his/her degree program.

    4. Permanent Resident or Resident Alien:  An alien who has been lawfully admitted to the U.S. to live; an immigrant; holder of a green card.
  3. .

    Statement

    1. It is the policy of University of North Georgia to employ, or make employment offers to, foreign nationals only when U.S. citizens or permanent residents of equal training, experience and competence for the position are unavailable.  Such a determination can only be made following a completely documented search and evaluation process.  Employment of foreign nationals will be authorized only under the provisions of this policy and only when conditions and visa requirements established by federal law are assured and documented. 

    2. Under no circumstances may any UNG employee knowingly employ, or contract employment with a foreign national who does not possess valid work authorization documents; nor can a foreign national volunteer to perform any activity that benefits UNG without receiving, or expecting to receive, payment or remuneration of any kind for services rendered.

    3. Petitions by University of North Georgia for an H-1B visa will normally be reserved for individuals who have been offered faculty positions or positions requiring similar credentials.

    4. Applications or petitions for Permanent Residency supported by UNG are normally reserved for individuals who have been offered, or are employed in tenure-track faculty positions or regular staff positions of similar status that require credentials similar to faculty positions and are expected to continue for an indefinite period of time.

    5. Faculty and staff of University of North Georgia are prohibited from authorizing any private attorney to represent the university in any nonimmigrant or immigrant petition or application. A foreign national may choose to retain an attorney to represent his/her interests. A private attorney retained by a foreign national in support of an H1-B application must submit the H1-B petition and labor condition application through the Department of Human Resources at UNG.  The Department of Human Resources is responsible for ensuring that the Georgia State Attorney General has approved the participation of any private attorney in the representation of the H1-B applicant to the extent that the attorney may act on behalf of the university.

    6. Nothing in this policy shall be used as the basis for discrimination against any individual or group because of race, gender, sexual preference, age, color, religion, national origin, disability, or veteran status.
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    Support Info

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    Procedures

    Any related operating procedures must comply with and should reference this policy.

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