IU Sponsored Employees

(Maintain Person), (Add New Person)

Prior to Arrival at IU or Change of Status

International Offices Will:

• Use standard intake forms for visa processing to collect necessary bio-demo for prospective international employees to be sponsored by IU.   

• Create a basic bio/demo record with Legal Name, date of birth, sex, SSN (if relevant), country of citizenship, and pending visa status.

• This information will be automatically sent nightly via IUIE to the Visa Manager software to facilitate further visa processing by the international office.  Although this information will be kept in two separate databases, data entry should only be required once—in PeopleSoft’s HRMS/SIS.

• Communicate to individual and the department his or her University ID.

Departments Will:

• Complete the Hire electronic document providing position, department and compensation information and other information not entered by the international office.  Performing the search using the University ID provided by the international office will help ensure that the correct individual is identified.

• Update the home address, mailing address, primary name and preferred name fields as necessary.  

• Review the individual’s completed I9 form and supporting documentation, record the I9 verification date and I9 expiration date in the Hire electronic document and forward the I9 to Academic HR or HR office.

• Fax a copy of the documentation used to complete the I9 to the international office.

Upon Arrival/INS Approval of new status

The international office will:

• Verify I-94 and supporting documentation and update visa status from pending to current

• Record IU work permit authorization as appropriate.

Foreign Employees not Sponsored by IU.

Foreign in this usage includes individuals who enter or plan to enter the U.S. on a passport not issued by the United States AND who are not formally established as permanent residents of the United States.  Individuals who declare that they are U.S. citizens or U.S. permanent residents and we don't have compelling evidence to disbelieve them, are not considered foreign for the purposes of this procedure.

Indiana University sponsors many foreign visitors as employees; as the sponsor, Indiana University prepares immigration documents that the individuals use to get their visa and to establish their immigration status when they enter the United States.  Indiana University also employs foreign visitors who are not sponsored by IU.  These individuals establish their immigration status with documents prepared by other universities, by foundations, or by U.S. government units.

Because IU does not have to prepare immigration documents for these employees, the international office is not formally involved in the pre-arrival hiring stage.  If departments have questions about the employability of these individuals, they should call the international office to assure that the immigration status that the individual expects to come to IU with will support the employment of that individual in the job IU intends to offer.  Certain special requirements exist (such as a letter of work authorization from the sponsor of someone on with J1 immigration status).  The department is responsible for assuring that IU does all it can so that requirements are met.

Personal Data Form Stage

The personal data form information is gathered by the department and entered to the Edocs by the department unless the department needs help from the international office with the search match or the appropriate parsing of names.

Under the following circumstances, the department will create a new employee record or update the existing record with no intervention of the international office:

1. An Indiana University ID, or U.S. social security number, is available and produces a positive match in the Edocs.

2. The department has clear indication that the individual has no prior IU history.

3. The individual claims to be a U.S. citizen or permanent resident.

Under the following circumstances, the department will forward the personal data form to the international office.  The international office will conduct a rigorous search match and will update a found record or create a new record. It will then report the individual's IU ID to the department.

1. No positive match is found and there is some possibility of prior association with IU.

2. The department has difficulty parsing the individual's name.

I-9 stage

The I-9 stage is not part of the Edocs process.   For most appointments, this stage is likely to occur some time after the hire process and very close to the beginning of actual employment. Departments by this time should be able to make a positive match in the Edocs for each individual.  If it cannot, the department should consult with the international office.

The department reviews the I-9 and the documents submitted in support. If an individual has claimed to be a U.S. citizen or permanent resident, but the documents appear to contradict this claim, the department will not employ the individual until after it has conferred with the international office.

The federally mandated I9 process is addressed elsewhere and has not been changed by the HRMS or Edocs processes.  If an individual satisfies the federal requirements of the I9 procedures, then the department cannot refuse to hire the individual based on the document review.   If documents are current, but expiring in the near future, the department must not refuse to hire the individual because expiration dates are near at hand. This is explicitly defined as discrimination in federal regulations.

I-9 Expiration and Re-verification

Official I-9 procedures include two rules regarding I9 expiration dates:

Date 1. If an individual indicates an authorization ending date in Section 1 (“An alien authorized to work until ...”), the department must repeat the I9 review before that date if the individual continues in employment.

Date 2. If an individual presents work authorization documents with expiration dates (List A or C), the department must repeat the I9 review before the earliest of those expiration dates.  Expiration dates on documents used solely to establish identity, usually either the passport or a driver's license, may be ignored in determining Date 2.

It is possible that an individual may provide documents that satisfy I9 requirements, but that are not among the visa documents needed by the international office to make a positive determination of status.  Departments may not dictate what choices an individual makes in satisfying I9 requirements.  (Be aware, however, that a Social Security Card that is valid only with INS work authorization is not sufficient by itself for List C purposes.)  If an individual has satisfied the I9 process without providing passport, I94, I20, IAP66, or DS2019, departments may request these visa documents to assist the international office in determining visa status, but it cannot require those documents as a condition of employment. If the individual does not wish to provide the visa documents, please advise the international office of that fact.

E-docs Review

The department reviews the name on the passport. If it differs from the preferred name designated by the individual, the department enters the primary (legal) name to the E-docs.

The department enters to the E-Ddocs "I-9 expiration date" field a date that is the earliest of Date 1 or Date 2 above.

I-9 Documents to International Office

For U.S. citizens and permanent residents, the department forwards nothing to international office.  For all others, department faxes or sends photocopies of I-9 supporting documents (but not the I-9 itself) to the international office.

The international office will review the supporting documents.  If the documents provide a positive confirmation of the immigration status, the international office will access the individual's Visa/Permit Data panel on the client.  The international office will add a row, enter  USA to country and appropriate immigration status to Type.  It will choose a status of  Verified.  It will note the date the individual entered the country with the current I-94 as the Status Date, and it will leave the default Effective Date at the current date.  It will then enter the country of citizenship on the Citizenship Detail Panel.

Hiring International Students

Student hires typically fall into two groups. Students on academic appointments are generally graduate students and are being appointed to associate instructorships, graduate assistantships, research assistantships, or resident assistantships.  Students who are hired on an hourly basis may be graduate or undergraduate students.

The initial immigration documents for the vast majority of international students will have been prepared by IU Admissions. They will all have IU IDs. Therefore a positive match should be possible in every case.

All foreign students employed on campus must have a visa status of F1, J1, or (very rarely) J2, L2, or E2. I9 procedures provide a means to determine whether a student's immigration status permits him or her to work. If the hiring decision is made a long time before the student appears for employment (as is the case for academic appointments), then it is wise to check with the student, or university records (admissions letter, IUIS, or SIS) to assure that the student is likely to have a status that permits employment. Under normal circumstances, this is not a problem.

PERSONAL DATA FORM Stage

The department collects the completed personal data form, which should have an IU ID noted on it. The department calls up the relevant record through the Edocs and completes updates as relevant (possibly including home and mailing address, primary and preferred names). If the department fails to make a positive match, it should confirm that it is using the correct IU id or SSN. If it is, then it can consult with the international office for further matching.

The hire process should not be completed without a review of the Work Authorization Stage.

Work Authorization Stage

For the purpose of hiring and initial employment, departments may assume automatic authorization for all students in IU F1 or IU J1 status.  Students are no longer required to show a work authorization card from the international office before employment. The international office will monitor employment reports of students and counsel those who appear to be in violation of status.

Generally, no foreign student may legally accept an appointment if that appointment requires more than 20 hours of work in a week during the fall or spring semester or if that appointment combined with other appointments require more than 20 hours of work in a week during the fall and spring semesters.  For SAA appointments, the appointment should not exceed .5 FTE, and .5 FTE SAA appointees should not be employed hourly during the fall and spring semesters.  Exceptions to this rule are rare and must have prior written permission from the international office.

Generally, IU foreign student academic appointees must be enrolled in six hours of course work (or the minimum thesis credit hours, once course work is completed) during the fall and spring semesters to maintain their immigration status. Other students must generally be enrolled full time.

During the summer and during vacation periods, the maximum 20 hour work week and the minimum enrolled hours limitations do not apply.  Foreign students do not need to enroll in courses in the summer to maintain status, and they may work full time on campus in the summer.

>If a foreign student enrolls in less than a full course of study, or if he or she is employed for more than 20 hours a week during the fall or spring semester, without prior authorization from the international office, the student has violated status and cannot be legally employed until the student has been reinstated by the Immigration and Naturalization Service. At the next point of completing an I9, the immigration documents (including the I94) may no longer be valid.

Departments are not required to prove that students meet requirements for maintaining their immigration status.  This task will be accomplished by the international office, or other offices, via IUIE reporting.  Departmental requirements regarding work authorization are as follows:

1. If a department has any reason to believe that a student may be in jeopardy on immigration status issues, it should consult with the international office, and advise the student to consult with that office, before employment begins.

2. Departments must not employ an international student in a position that requires more than 20 hours of work a week during the fall and spring semesters. (Rare exceptions require prior international office approval.)  

3. Individuals who have J1 immigration status and are NOT sponsored by IU (Fulbright students are in this category, for example), must provide a letter of work authorization from their sponsor before they are employed.  Accepting payment for work without such a letter compromises their status.  Departments can determine the sponsorship by reviewing Item 2 on the IAP66/DS2019. If that item does not list IU, departments must obtain a copy of the sponsor's work authorization letter before employing the individual.

I-9 Stage

The I-9 stage is not part of the E-Docs process. For student academic appointments, this stage is likely to occur some time after the hire process and very close to the beginning of actual employment. For student hourly employees, the hire process and I-9 process happen at the same time or in close succession. Departments by this time should be able to make a positive match in the Edocs for each individual.

The department reviews the I-9 and the documents submitted in support. If an individual has claimed to be a U.S. citizen or permanent resident, but the documents appear to contradict this claim, the department will not employ the individual until after it has conferred with the international office.

The federally mandated I-9 process is addressed elsewhere and has not been changed by the HRMS or Edocs processes. If an individual satisfies the federal requirements of the I-9 procedures, then the department cannot refuse to hire the individual based on the document review. If documents are current, but expiring in the near future, the department must not refuse to hire the individual because expiration dates are near at hand. This is explicitly defined as discrimination in federal regulations.

I-9 Expiration and Re-verification

Official I-9 procedures include two rules regarding I-9 expiration dates:

Date 1. If an individual indicates an authorization ending date in Section 1 (An alien authorized to work until ...@), the department must repeat the I9 review before that date if the individual continues in employment.

Date 2. If an individual presents work authorization documents with expiration dates (List A or C), the department must repeat the I-9 review before the earliest of those expiration dates.  Expiration dates on documents used solely to establish identity, usually either the passport or a driver's license, may be ignored in determining Date 2.

It is possible that a student may provide documents that satisfy I-9 requirements, but  that are not among the visa documents needed by the international office to make a positive determination of status.  Departments may not dictate what choices an individual makes in satisfying I-9 requirements.  (Be aware, however, that a Social Security Card that is valid only with INS work authorization is not sufficient by itself for List C purposes.)  If the student has satisfied the I-9 process without providing passport, I94, I20, IAP66, or DS2019, departments may request these visa documents to assist the international office in determining visa status, but it cannot require those documents as a condition of employment. If a student does not wish to provide the visa documents, please advise the international office of that fact.

E-Docs Review

The department reviews the name on the passport. If it differs from the preferred name designated by the student, the department enters the primary (legal) name to the E-docs.

 The department enters to the E-Docs "I-9 expiration date" field a date that is the earliest of Date 1 or  Date 2 above.  Expiration dates on passport or driver's license should not be considered in determining this earliest date.

Visa Documents to International Office

For U.S. citizens and permanent residents, the department forwards nothing to international office.

For students who submit IU I20 or IU IAP66/DS2019 as I9 documentation, department forwards nothing to the international office.

For all others (and there should be very few of these), department faxes or sends photocopies of I9 supporting documents (but not the I-9 itself) and copies of any available visa documents (including the passport and I-94 information) to international office.

In these few cases, the international office will review the supporting documents. If the documents provide a positive confirmation of the immigration status, the international office will access the individual's Visa/Permit Data panel on the client. The international office will add a row, enter "USA" to country and appropriate immigration status to Type. It will choose a status of "Verified." It will note the date the individual entered the country with the current I-94 as the Status Date, and it will leave the default Effective Date at the current date.

Notes on International Student Employee Flowchart

1. F1 students have the I20 as their immigration document. J1 students, scholars, and short term visitors received the IAP66 as their immigration document until September 2002; from September 2002, J1 visitors have received a DS2019 instead. The IAP66 and the DS2019 are very similar.

2. The sponsor of an international student or employee is the institution or organization that prepared the immigration document (I20 or IAP66/DS2019) that the individual used to enter the country. That institution or organization is named in Item 2 of the document.

3. Generally, international students may work on campus up to 20 hours a week when fall or spring classes are in session. There is no limit to the hours students can work on campus during break periods or the summer. If a student works more than 20 hours a week in a job over the summer, the student must reduce to 20 hours a week once the semester begins.

4. Students must be enrolled in full time study during the fall and spring semester. The federal regulations that define "full time" are complex, and the international office will monitor enrollment status through IUIE reports.