Immigration

A variety of laws and regulations, issued by several different agencies, including the United States Citizenship and Immigration Services and the Immigration and Customs Enforcement divisions of the Department of Homeland Security, the Department of Labor, and the Department of State, regulate both the eligibility and entry of foreign students to study at the University and the employment of foreign individuals by the University. The immigration laws regulate students, faculty and staff, and international visitors. The law also prohibits the University from discriminating against individuals on the basis of national origin.

Students. Foreign individuals studying at the University should enter the United States in either the F-1 or J-1 student visa categories. Individuals are not permitted to study in the U.S. while holding B tourist status. International students are required to maintain full-time student status throughout the duration of their program and have certain restrictions with respect to employment in the U.S Further information regarding these categories is available from the Office of International Students and Scholars at http://www.oiss.yale.edu/visa/f1status.htm.

Faculty and Staff. Federal law prohibits the University from knowingly hiring non-U.S. citizens not authorized to work in the United States. While the law prohibits the University from making any employment decision based on an individual’s citizenship, the University is obligated to ask if an individual is authorized to work in the United States.

A person accepting an offer of employment must have valid immigration status prior to beginning that employment and must maintain valid immigration status (with continual authorization for employment) throughout the duration of the appointment.

The Office of International Students and Scholars should be consulted before making a commitment to hire a foreign national for any position. In certain circumstances, the University will sponsor a foreign national for an appropriate visa that allows the individual to work, and at times the University will sponsor an individual for permanent resident status. No department should make any commitment to sponsor an individual without first consulting OISS.

Any individual (regardless of citizenship or nationality) working at the University must, within the first three days of employment, complete an I-9 form. A description of the I-9 form and instructions for departments in completing those forms is available at http://www.yale.edu/ppdev/QuickSteps/hr/I-9.pdf and http://www.oiss.yale.edu/department/i9instructions.htm. The hiring department is responsible for completing the I-9 forms.

International visitors. Departments often sponsor lectures and presentations by international visitors. There are very specific rules regarding the payment of honoraria and the reimbursement of expenses to short-term foreign visitors. Both the University’s Tax Department and the Office of International Students and Scholars describe the rules for paying international visitors on their web sites: http://www.yale.edu/tax/int/cr/index.html and http://www.yale.edu/tax/int/cr/index.html. It is important to review these rules before any commitments are made regarding payments to foreign visitors. Please consult with the Tax Department (432-5530) or the OGC with any questions regarding payments to international visitors.