Chapter 5

Hiring Process

5.05  

HIRING NON-CITIZENS (INTERNATIONALS)

LAW AND POLICY

It is illegal to discriminate against any individual (other than an alien not authorized to work in the United States) in hiring because of that individual's national origin or citizenship status. It is illegal to discriminate against work-eligible individuals. The refusal to hire an individual because of a future expiration date of their work status may also constitute illegal discrimination.

Non-immigrant (temporary) Visas

The applicant for a UW-Madison position may self-identify that he or she will need a visa to be eligible to begin or continue employment at UW-Madison. There are various temporary visa options available; some require involvement from the employer. Common temporary visa types which require UW-Madison sponsorship are F-1 or J-1 student, J-1 scholar, and H-1B temporary worker.

Immigrant (permanent resident) Visas

Persons holding permanent resident status are eligible to remain in the United States indefinitely (they must take certain steps, however, to maintain this status during prolonged periods of absence from the country). Obtaining permanent resident status is dependent on the availability of an immigrant visa in the category for which one is applying. The US Citizenship & Immigration Services allows employers to file for permanent resident status in certain limited categories. University of Wisconsin-Madison departments may seek permanent resident status for tenure-track and tenured faculty. With approval from the Dean's/Director's office and the Office of Human Resources, CHS, clinical faculty with primarily teaching duties and research academic staff may be sponsored for permanent residence. The University will not seek permanent resident status for employees-in-training, classified, non-instructional and non-research employees. For more information of permanent residency, refer to the IFSS web page at http://www.ohr.wisc.edu/ifss/.

Reference: See Appendix 5-N: Visa Types Most Common to UW-Madison.

Contact: For H-1B temporary worker questions, J-1 scholar questions, and information on employment-based permanent resident petitions, please contact International Faculty and Staff Services, 21 N. Park St., Madison, Wisconsin 53715-1218, (608) 265-2257. For F-1 student and J-1 student questions, please contact International Student Services, 217 Armory and Gymnasium, 716 Langdon Street, Madison, Wisconsin 53706-1400, (608) 262-2044.