Employment of Foreign Nationals
Unless there is a legal requirement for a particular position, citizenship status shall not be used as a basis for discriminating against a foreign national.
Each offer of employment should state that employment is contingent on the applicant's ability to provide employment eligibility documentation required by federal immigration laws.
Visa Status Types
TN status was created by the North American Free Trade Agreement (NAFTA) for the purpose of easing the entry of Canadian and Mexican citizens who come to the U.S. to work temporarily.
F-1 with Optional Practical Training (OPT)
Foreign students in F-1 status may apply for Optional Practical Training (OPT) after completion of each degree level. The initial work authorization granted by USCIS for OPT is 12 months. Placement must be appropriate for someone who is on OPT. In other words, the job offered must be one where the knowledge and skills acquired during the course of study will be utilized in the position and appropriate for the level of degree earned.
H-1B status is for foreign nationals who come temporarily to the U.S. to work in specialty occupations. Specialty occupations require the theoretical and practical application of highly specialized knowledge as well as attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry to the position. Because the H-1B status is employer specific, the H-1B holder may only work for the employer that petitioned USCIS for his or her H-1B status.
The O-1 status is awarded to individuals (professors and researchers) of extraordinary ability in the fields of science, education, business or athletics.These individuals represent a small percentage who have risen to the very top of their field of endeavor and who are in the United States on a temporary basis to work in their field of endeavor. Because the O-1 status is employer specific, the O-1 holder may only work for the employer that petitioned USCIS for his or her O-1 status.
Permanent residence obtained through Texas A&M is an employer driven process and is always initiated by the hiring department. Per System Regulation 33.99.09, only certain positions may be considered for sponsorship.
This page was last updated on: July 02, 2014