Inviting a Foreign National

The International Student & Scholar Services office manages the Exchange Visitor Program and facilitates the hiring of international faculty and staff who need a visa sponsorship. If you are hiring a foreign national who is NOT a permanent resident or U.S. Citizen, please read the following information:

Resources for Hiring a Foreign National:

There are many non-immigrant visa classifications. The categories most frequently used to permit a foreign national to consider an invitation to teach or do research at SMU are the J-1 Exchange Visitor visa and the H1-B Temporary Worker visa. The ISSS office will make recommendations on the appropriate visa to use for each foreign national. The type of visa recommended depends on many factors: the source and amount of the foreign national’ s funding, the nature and duration of the offer, how soon the offer will begin, whether the individual is currently in the U.S. or has recently been in the U.S. and is therefore subject to certain immigration restrictions. Foreign nationals must not plan to enter the U.S. without work authorization.

Visa Type	Typical Use	Eligibility	Maximum Duration	Total Processing Time	Costs	Notes
J-1 Exchange Visitor	Post-Docs Visiting Scholars Non-tenure track faculty positions Lecturers	Demonstrate sufficient English proficiency, previous visa history, sufficient funding	Up to 5 years but dependent on the category	3-5 business days to create the DS-2019 in addition to visa appointment wait times (if the foreign national is not a transfer)	SEVIS I-90 Visa Processing Fee Exchange Visitor Fee (SMU)	May be subject to the two-year home residency requirement or the 12/24 month repeat participation bar
J-2 Dependent (dependent of an individual holding a J-1 status)	Post-Docs Visiting Scholars non-tenure track faculty positions Lecturers	Must have an approved EAD card	Dependent on the EAD card (up to 5 years but tied to the J-1)	3-5 months; not eligible for premium processing	I-765 fee	May be subject to the two-year home residency requirement or the 12/24 month repeat participation bar
H-1B Temporary Worker in Specialty Occupations	Post-Docs Visiting Scholars non-tenure track faculty positions Lecturers tenure-track faculty appointments	Must have at minimum a Bachelor’s Degree and the position must require specialized knowledge and pay a prevailing wage	Up to 6 years total	3+ months or 2+ weeks with the optional premium processing in addition to visa appointment wait times	Legal Fee: $2,200 Filing Fee: $460 Fraud Fee: $500 Premium Processing Fee: $2,500 (optional) 3rd Party fees will be billed as incurred (copies, courier charges, etc.)
F-1 Student on Optional Practical Training (OPT)	Post-Docs Visiting Scholars Non-tenure track faculty positions Lecturers	Work must directly relate to the students program f student. The student must also have an Employment Authorization Document (EAD) approved by USCIS	12 months with a 24 month extension for STEM degrees	3+ months or 2+ weeks with the optional premium processing	I-765 Filing (Optional) Premium processing fee –guaranteed adjudication within 30 calendar days (does not guarantee approval): $1500 Additional fees per institution
J-1 Student on Academic Training (AT)	Post-Docs	Work must directly relate to the students program of study. The student must also be approved by a Responsible Officer	For post-docs, up to 36 months (including any prior AT)
B-1 Business Visa	Guest lectures, performances, etc.		No longer than 9 calendar days	Visa appointment wait times	Visa processing fee	Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period.
TN Trade NAFTA for Canadians/Mexicans	The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
O-1 Alien of Extraordinary Ability in the Sciences, Arts, Education, Business	The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

For those with temporary academic appointments at SMU, the University provides visa sponsorship to enable foreign nationals to enter the U.S. and to remain at SMU for the time required to fulfill the intended purpose of the visit. In general, the University provides visa sponsorship for post-doctoral researchers and faculty members only. It is the University policy that in exceptional circumstances visa sponsorship will also be provided for high level administrative and staff positions. If you are uncertain whether an individual’s appointment would be eligible for visa sponsorship at SMU, please reach out to the ISSS Office and/or HR.

Please notify the ISSS office whenever a non-U.S. citizen who is not a U.S. legal permanent resident (green card holder) accepts an academic appointment by having the scholar complete Visa Type Determination Questionnaire.

Any non-U.S. citizen who is not a U.S. legal permanent resident, and who needs a visa sponsorship whether presently living in the U.S. or outside the U.S., must have some visa action taken on his or her behalf before they begin their activities at SMU.

Things to consider:

Funding:

H-1B prevailing wage requirements.

The university will be required to pay a prevailing wage rate as the average wage paid to similarly employed workers in as specific occupation in the area of intended employment. For more information, visit the department of labor website.

J-1 Exchange Visitors:

The U.S. Department of State expects the University to verify that a J-1 Exchange Visitor has sufficient funding to maintain a minimal decent standard of living before issuing a Form DS-2019 document.

J-1 Exchange Visitors who will receive benefits must receive a salary that meets the Exchange Visitor Program funding requirements and salary requirements based on the position. Financial evidence will be demonstrated in the appointment or job offer letter.

J-1 Exchange Visitors who are NOT funded by SMU, will have to provide financial evidence with the following amounts:

Living Expenses (1 year) + Health Insurance: $29,000 USD or $2416 per month.
1st Dependent (spouse or child under 21): $7,000 USD
Each additional dependent: $4,000 USD
All funds must be at least 51% non-personal funds.

All funds must be at least 51% non-personal funds.

If there is any anticipation of payment to the foreign national, please initiate the Non-Payroll Payment Process with Human Resources.

Employer Responsibilities

Students on F-1 visas are eligible for a work benefit in the U.S. called Optional Practical Training (OPT) that allows students to work in their field of study for 12 months. Those who have earned eligible U.S. degrees in Science, Technology, Engineering and Mathematics (STEM) may apply for an additional 24-Month STEM Extension.

Responsibilities and Obligations

There are numerous employer requirements to which SMU must adhere. Some of those requirements are enumerated here, but you should pay particular attention to the attestation on page 2 of the I-983 and the employer information located here. General employer requirements include being registered with the E-Verify program and ensuring that hiring an international student with STEM employment will not displace a U.S. worker.

Employers

Must be E-Verify employer; SMU is an E-Verify employer

Must develop a training plan for the student

Complete Form I-983

Provide two evaluations for the student

Responsible for proving compliance during government site visits

F-1 Students

Have a job offer related to their U.S. STEM degree

Work for an E-Verify employer

Have a paid position in STEM field for at least 20 hours per week

Complete student part of Form I-983

Submit the completed Form I-983 to the school that issued the Form I-20

Responsible for completing validation reports every six months via their school
Submitting evaluations to the school that issued their I-20

SMU F-1 Students

In addition to the I-9 requirement with Human Resources, F-1 students for which SMU has issued their I-20, must get approval from the ISSS office by having the On-Campus Work Eligibility Form completed. Once the On-Campus Work Eligibility has been approved, the F-1 student is responsible for also completing the OPT Employment Verification Form and submitting to ISSS office.

Note: It is the student’s responsibility to verify that employment is related to program of study. Furthermore, it is also the responsibility of the student to report employment to the ISSS office by completing and submitting the OPT Employment Verification form.

About the Form I-983

The new STEM OPT rule that provides the 24-month STEM OPT regulations increases the educational benefits that F-1 students receive from their practical training experiences by requiring the submission of a formal training plan, using Form I-983.The formal training plan, Form I-983, must clearly articulate the STEM OPT student’s learning objectives and affirm the employer’s commitment to helping the student achieve those objectives. To fulfill this requirement, a student and their employer must complete and sign Form I-983 and submit it to the student’s international student advisor. By signing Form I-983, students and their employers agree that they understand their obligations during the STEM employment. STEM OPT students and their employers are subject to the terms and conditions of the 24-month STEM OPT extension regulations, effective as of the employment start date requested for the associated STEM OPT period, as indicated on Form I-983.

Questions in regarding the completion of this form can be directed to Human Resources.

Forms:
On-Campus Work Eligibility Form
OPT Employment Verification Form
Form I-983

Steps to Hiring a Foreign National

What is the Visa Questionnaire?

The visa questionnaire is the form that the foreign national will complete to help the ISSS Office determine the right visa type according to the hosting department offer to join SMU to teach and/or do research.

The Visa Questionnaire will require the foreign national to provide the following documents:

Copy of Offer/appointment letter issued by SMU
Proof of English proficiency (if coming to SMU as a J1 Exchange Visitor)

After the ISSS office reviews the Visa Questionnaire and makes a recommendation:

If an H-1B is recommended:

Step 1: ISSS will email the department and copy their HR liaison

Step 2: Immigration Specialist will send hiring department a checklist of required documents

Step 3: The department and candidate will continue to work with the Immigration Specialist and HR to apply for the H-1B

If a J-1 Visa is recommended:

Step 1: If the ISSS office has determined that the Exchange Visitor should come to SMU as a J-1 Exchange Visitor, the hosting department will initiate the DS-2019 request process via DocuSign. After initiating the form, it will be routed to the faculty supervisor, the prospective Exchange Visitor (EV), then to ISSS for processing.

Proof of appointment or invitation clearly stating program objectives (hosting department) (See Sample Appointment Letter)
Copy of Passport (Identity page w/ date of expiration) (Exchange Visitor)
Financial Evidence (51 % must be non-personal funds):

If funds are from SMU, include appointment letter.
If funds are from other sources, the Exchange Visitor will attach proof of funding.

(Only EV’s transferring from one U.S. institution to SMU) Transfer IN form (Exchange Visitor should get this form signed by current Alternate Responsible Officer)
Proof of SEVIS maintenance fee payment (Exchange Visitor, if not paid by the department)
Other (dependent information if applicable) (Exchange Visitor)

Step 2: Once all required documentation has been submitted, the ISSS office will begin processing the request, which may take up to 3-5 business days. Once DS-2019 Form has been issued, the Hosting Department and foreign national will receive a notification through DocuSign, that the request has been approved. The foreign national will receive an email with the DS-2019 form and next step guidance on applying for the J-1 visa.

Forms:

DS-2019 Request (Process will begin with Hosting Department)

Transfer TO SMU Scholar/Professor
SEVIS fee maintenance fee payment: Prospective exchange visitors must pay a $200.00 SEVIS maintenance fee to the ISSS Office.

If F-1 Optional Practical Training is Recommended:

Step 1: ISSS will email the candidate and department regarding eligibility to work under Optional Practical Training (OPT).

Step 2: Employer Responsibilities and Obligations:

Employers

Must be E-Verify employer; SMU is an E-Verify employer

Must develop a training plan for the student

Complete Form I-983

Provide two evaluations for the student

Responsible for proving compliance during government site visits

F-1 Students

Have a job offer related to their U.S. STEM degree

Work for an E-Verify employer

Have a paid position in STEM field for at least 20 hours per week

Complete student part of Form I-983

Submit the completed Form I-983 to the school that issued the Form I-20

Responsible for completing validation reports every six months via their school

Submitting evaluations to the school that issued their I-20

SMU F-1 Students:

About the Form I-983:

The new STEM OPT rule that provides the 24-month STEM OPT regulations increases the educational benefits that F-1 students receive from their practical training experiences by requiring the submission of a formal training plan, using Form I-983.The formal training plan, Form I-983, must clearly articulate the STEM OPT student’s learning objectives and affirm the employer’s commitment to helping the student achieve those objectives. To fulfill this requirement, a student and their employer must complete and sign Form I-983 and submit it to the student’s international student advisor. By signing Form I-983, students and their employers agree that they understand their obligations during the STEM employment.STEM OPT students and their employers are subject to the terms and conditions of the 24-month STEM OPT extension regulations, effective as of the employment start date requested for the associated STEM OPT period, as indicated on Form I-983.

Questions in regarding the completion of this form can be directed to Human Resources.

Forms:
On-Campus Work Eligibility Form
OPT Employment Verification Form
Form I-983

If a B-1 Visa is Recommended:

Step 1: Provide the Foreign National with an invitation letter.

Step 2: Work with Accounts Payable to set up the stipend or honorarium.

If another visa type is recommended:

If ISSS determines a different visa type, the department will work with an Immigration Specialist to determine next steps.

For visa appointment wait time estimates by embassy/consulate, please click here.

On-boarding

Document Check-In: Foreign Nationals must complete document check in with ISSS. If they are on the J-1 visa, they will need to be fully enrolled in adequate J-1 health insurance and have completed the ISSS government check-in PRIOR to beginning any activities at SMU.

HR Orientation and I-9

Tax and payment related forms

For the department:

Account sponsorship (if not employed)

Office spaces