FAQs for Hiring Units | FAQs for Non-Resident Aliens (NRAs)

FAQs for Hiring Units

Who is a Non-Resident Alien (NRA)?

For immigration purposes, a non-resident alien is someone who is not a U.S. Citizen or Legal Permanent Resident of the US.

What is a U.S. work visa? 

Please visit the USCIS website for more information.

Can I ask Candidates about their U.S. work authorization status during the interview process?

Oregon State University is committed to diversity, equity and inclusion.  Discussing work authorization is not appropriate during the interview process.  The Office of International Services can help navigate work authorization concerns.   

What do I do if the candidate starts talking about their visa status?

Kindly refer them to the Office of International Services to discuss OSU's visa sponsorship programs or share this general website about the visa categories used at OSU.

Who can answer I-9 questions? 

If candidates have questions about documentation for the I-9, refer them to the Office of Human Resources.

does an applicant who is not a U.s. citizen or legal permanent resident need to meet ALL minimum and preferred qualifications before they can be offered a position?

No, there is not a different selection standard applied to any applicant.

Is it true that there must be NO minimally qualified U.S. workers who applied for the job before I can hire a non U.S. Citizen? 

No. This only applies to a type of labor certification called Standard Handling through the Department of Labor. OSU rarely uses this type of labor certification.

What kinds of work visas can OSU apply for?  

There are a limited number of work visa categories in the U.S. immigration system. Please refer to the USCIS website for detailsVisit this webpage to see a list of commonly used visa categories used by OSU and to learn about timelines and fees. 

Who pays for the fees associated with securing U.S. work authorization? 

All H-1B, E-3 and permanent residence (I-140 form only) fees must be paid by the employer and may not be passed on to the employee.  This Department of Labor requirement does not apply to fees associated with other visa types that allow for work authorization (e.g. TN, F-1 OPT, J-1, J-2 with an EAD). 

Can OSU apply for H-1B status for any candidate? 

No. A variety of factors determine eligibility for H-1B Specialty Occupation visa status, as outlined on the H-1B information page. It can be difficult to secure H-1B status for positions that do not require a specific specialized degree in a particular field, i.e. classified and professional faculty administrative jobs.

Can someone with a valid EAD card work at OSU?

Yes, in most cases. Please consult with the Office of Human Resources for I-9 employment verification questions. 

FAQs for Non-Resident Aliens (NRAs)

What is the definition of a Non-Resident Alien (NRA)?

For immigration purposes, a non-resident alien is someone who is not a U.S. Citizen or Legal Permanent Resident and requires special work authorization to be eligible for employment.

May I hire an attorney to secure US work authorization for me?

Individual employees may not hire an immigration attorney to represent OSU. All employment-based permanent residence petitions that require a job offer, must be processed by the Office of International Services (OIS).

I have questions about my current visa status. Can you advise me?

No, we cannot advise non-OSU employees, nor can we advise on personal immigration questions. However, we can offer general guidance about the types of work authorization we pursue for OSU employees.