Human Resources

Visa/Immigration Issues for Hiring

If you are considering hiring a foreign national (typically an employee who will need an H1B, or on rare occasions an O1 visa) please contact M.A. Watson in Human Resources, mwatson@usm.maine.edu or 780-5279.  (This does not apply to immigrants or aliens with work authorization but only to foreign nationals who may require visa support.)  

Please be aware that the process to obtain an appropriate visa may be lengthy and that the hiring department is responsible for all costs involved in obtaining visas.  If later the employee seeks permanent resident status to maintain employment with the department, the department would pay for the employer-driven parts of the process (Labor Certification and the Employer-Based Preference Petition) and the employee would pay for the final part of the process which he/she files.  The University does not pay for and is not involved in immigration matters for family members of the new foreign national employee of USM.

Note: This can be a financial burden on a department; therefore, you are not required to hire someone needing sponsorship. We would state in our job announcement "We are not considering candidates who require Visa sponsorship support.”  Additionally, the University typically only considers visa support for employees placed in positions that are continuing regular University appointments.

The H-1B visa allows foreign nationals to temporarily work in the U.S. in specialty occupations.

The H-1B visa category has the following key requirements:

• Applicant must have theoretical and practical application of a highly specialized body of knowledge.
• The position must require a minimum of a Bachelor's degree.
• USM must file the H-1B petition; prospective employees cannot obtain H-1B visas on their own.

If the employee has had a J visa and is subject to the 2-year home residency (212e), they may not be eligible for an H visa. Contact HR for details.

DEEMED EXPORT CONTROL

Per federal rules, all H-1B and O-1 petitions must include attestations regarding deemed exports. 

USM must certify whether the University needs a license from the Federal government in order to allow the prospective H-1B or O-1 employee to access certain controlled technology or technical data. 

The licensing requirement affects only a small percentage of USM's international employees because most types of technology and technical data do not require a "deemed export" license or because one or more exemptions will apply.

For more information on export control, visit http://www.usm.maine.edu/orio.