XVIII.E   Services for International Faculty and Research Staff

The University provides assistance to departments that wish to hire or host scholars from abroad. The Office of International Students and Scholars (OISS) is the University's representative and primary contact for all immigration matters to the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS/USCIS), as well as to any other government agencies involved in bringing foreign nationals to Yale University (e.g. Departments of State and Labor.) The OISS Director or Associate Director or his or her designee must sign any immigration document issued by, or on behalf of, the University. An application submitted to any of these agencies that bears an unauthorized signature will be returned.

Use of Outside Counsel . Unless previously authorized by OISS and the General Counsel's Office, outside counsel may not represent the University, or sign any documents on behalf of the University, in any application that pertains to an immigration benefit for a University employee. Applications submitted to the USCIS or Department of Labor that do not bear an authorized OISS signature will not be processed.

The Office of International Students and Scholars must be consulted before making a commitment to hire an individual who is neither a U.S. citizen nor a U.S. permanent resident. The Office will work with the hiring department and the individual to make certain that Yale's employment of the individual is compliant with both institutional policies and the relevant federal laws and regulations prior to the individual commencing employment. OISS staff members are available to discuss the details of a particular case, make recommendations, and then to follow through with the preparation and submission of the immigration application. In most instances, particularly where the individual's situation is fairly straightforward, the Office can handle the application expeditiously and without charge to the individual, except for government filing fees.

A person accepting an offer of employment with the University must have an approved appointment before the process can begin as well as valid immigration status prior to beginning employment. The scholar must maintain valid immigration status (with continual authorization for employment) throughout the duration of the appointment at the University. Appointing departments are responsible for informing the foreign national of this requirement, and all offer letters should include a phrase such as "offer is contingent upon obtaining and retaining valid immigration status." Appointing departments are also responsible for making sure they are in compliance with all I-9 requirements.

If a hiring unit brings a candidate to campus for an interview, that candidate may wish to meet with a member of the Office of International Students and Scholars to explore whether the candidate's present status is satisfactory for employment at Yale, and, if not, what options exist to cover the proposed period of employment. The following considerations help determine the non-immigrant status for which the individual should apply:

1. Nature and duration of the initial appointment.

2. Timing. Amount of time available before the candidate is to take up the position and the time needed to process the applications.

3. Candidate's immigration history.

4. Long-terms plans of the University and the candidate. Is the nature of the employment likely to change? Does the candidate wish to remain in the country indefinitely?

5. Possibilities of employment for the spouse.

6. Compensation and tax implications.

7. International travel plans.

The following visa classifications are typically used for faculty and staff:

J-1 Exchange Visitor Professor or Researcher. Available to visiting scholars, postdoctoral appointees, visiting and temporary faculty and research staff. The J-1 status cannot be used for a ladder faculty position. The source of salary support can be from sources other than Yale. (Limited to five years.)

H-1B Temporary Worker. The individual must be a Yale employee holding an academic appointment (teaching or research). (Limited to six years.)

O-1 Person of Exceptional Ability . The individual must be a Yale employee and a person of demonstrated national and international prominence. The initial period of stay is up to three years with one-year extensions thereafter. There is no maximum cumulative duration.

U.S. Permanent Resident. (Immigrant status, i.e. "green card.") Positions eligible for Yale's sponsorship for U.S. permanent resident status include teaching and research faculty appointments (including lecturers and lectors with multiple-year appointments). Yale does not sponsor postdoctoral fellows or associates for U.S. permanent resident status.

Special Procedures for Faculty Positions. To assure consideration for U.S. permanent resident status, a new faculty member must be in touch with the Office of International Students and Scholars during the first six months of his or her first appointment. It is possible to use the original faculty search as the basis of an application for U.S. permanent resident application, but only if the search included a print advertisement and the application is filed within 18 months of the position being offered.

Short-Term Visitors. There are restrictions for paying persons in other non-immigrant statuses that a department must be aware of before extending an invitation to give a lecture or participate in a conference. An international visitor in a "tourist" classification, i.e. B-1, B-2, WB, or WT, may be reimbursed and paid an honorarium IF the academic activity lasted no longer than nine days AND if the visitor has not accepted payment of expenses or honorarium from more than five U.S. institutions or organizations in the previous six months. If either of these conditions is exceeded, the individual in tourist for pleasure status (B-2 or WT) may NOT receive either honorarium or reimbursement. However, if the individual holds tourist for business status (B-1 and WB), the visitor may be reimbursed for expenses, but may not be paid an honorarium. For visitors holding non-immigrant visa statuses other than tourist, reimbursement may usually be paid, but in most instances an honorarium cannot be provided. Please refer to Yale Policy 3415 for information about persons in other non-immigrant visa categories. Refer to the Yale Tax Office for a comprehensive guide and planning tool with respect to payments to international visitors.

General Procedures and Information. The Office of International Students and Scholars seeks to protect the privacy of foreign nationals, in accordance with general University guidelines on the disclosure of information. Data on immigration status will be provided only as required by federal regulation.

OISS maintains up-to-date information about the regulations and procedures involved in hiring and hosting international scholars on its Web site at http://www.yale.edu/oiss/. Upon arrival, international scholars must visit OISS where they will receive a packet of important information about their immigration status responsibilities, as well as information about Yale and New Haven and the programs and resources offered by OISS.

International Tax Office . The Internal Revenue Service (IRS) requires that the University apply specific federal tax withholding and reporting rules to payments made to international students and scholars. For U.S. tax purposes, individuals are classified in one of the following categories: U.S. citizens, permanent resident aliens (i.e. green card holders), resident aliens, or nonresident aliens.

The International Tax Office provides guidance and responds to questions concerning federal tax withholding and reporting of payments made to individuals who are neither U.S. citizens nor U.S. permanent residents. This is a service offered by the Yale Tax Department for the benefit of international students, scholars and visitors of Yale University.

The International Tax office meets with the international student, scholar or visitor on a one-on-one basis to determine the individual's residency status for tax purposes and to determine the proper federal income tax and FICA withholding. The International Tax office reviews and processes applicable tax treaty exemption forms.

International students and scholars receiving any type of payment from the University are advised to schedule an appointment with the Tax Office .

The University provides assistance to departments that wish to hire or host scholars from abroad. The Office of International Students and Scholars (OISS) is the University's representative and primary contact for all immigration matters to the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS/USCIS), as well as to any other government agencies involved in bringing foreign nationals to Yale University (e.g. Departments of State and Labor.) The OISS Director or Associate Director or his or her designee must sign any immigration document issued by, or on behalf of, the University. An application submitted to any of these agencies that bears an unauthorized signature will be returned.

Use of Outside Counsel . Unless previously authorized by OISS and the General Counsel's Office, outside counsel may not represent the University, or sign any documents on behalf of the University, in any application that pertains to an immigration benefit for a University employee. Applications submitted to the USCIS or Department of Labor that do not bear an authorized OISS signature will not be processed.

The Office of International Students and Scholars must be consulted before making a commitment to hire an individual who is neither a U.S. citizen nor a U.S. permanent resident. The Office will work with the hiring department and the individual to make certain that Yale's employment of the individual is compliant with both institutional policies and the relevant federal laws and regulations prior to the individual commencing employment. OISS staff members are available to discuss the details of a particular case, make recommendations, and then to follow through with the preparation and submission of the immigration application. In most instances, particularly where the individual's situation is fairly straightforward, the Office can handle the application expeditiously and without charge to the individual, except for government filing fees.

A person accepting an offer of employment with the University must have an approved appointment before the process can begin as well as valid immigration status prior to beginning employment. The scholar must maintain valid immigration status (with continual authorization for employment) throughout the duration of the appointment at the University. Appointing departments are responsible for informing the foreign national of this requirement, and all offer letters should include a phrase such as "offer is contingent upon obtaining and retaining valid immigration status." Appointing departments are also responsible for making sure they are in compliance with all I-9 requirements.

If a hiring unit brings a candidate to campus for an interview, that candidate may wish to meet with a member of the Office of International Students and Scholars to explore whether the candidate's present status is satisfactory for employment at Yale, and, if not, what options exist to cover the proposed period of employment. The following considerations help determine the non-immigrant status for which the individual should apply:

1. Nature and duration of the initial appointment.

2. Timing. Amount of time available before the candidate is to take up the position and the time needed to process the applications.

3. Candidate's immigration history.

4. Long-terms plans of the University and the candidate. Is the nature of the employment likely to change? Does the candidate wish to remain in the country indefinitely?

5. Possibilities of employment for the spouse.

6. Compensation and tax implications.

7. International travel plans.

The following visa classifications are typically used for faculty and staff:

J-1 Exchange Visitor Professor or Researcher. Available to visiting scholars, postdoctoral appointees, visiting and temporary faculty and research staff. The J-1 status cannot be used for a ladder faculty position. The source of salary support can be from sources other than Yale. (Limited to five years.)

H-1B Temporary Worker. The individual must be a Yale employee holding an academic appointment (teaching or research). (Limited to six years.)

O-1 Person of Exceptional Ability . The individual must be a Yale employee and a person of demonstrated national and international prominence. The initial period of stay is up to three years with one-year extensions thereafter. There is no maximum cumulative duration.

U.S. Permanent Resident. (Immigrant status, i.e. "green card.") Positions eligible for Yale's sponsorship for U.S. permanent resident status include teaching and research faculty appointments (including lecturers and lectors with multiple-year appointments). Yale does not sponsor postdoctoral fellows or associates for U.S. permanent resident status.

Special Procedures for Faculty Positions. To assure consideration for U.S. permanent resident status, a new faculty member must be in touch with the Office of International Students and Scholars during the first six months of his or her first appointment. It is possible to use the original faculty search as the basis of an application for U.S. permanent resident application, but only if the search included a print advertisement and the application is filed within 18 months of the position being offered.

Short-Term Visitors. There are restrictions for paying persons in other non-immigrant statuses that a department must be aware of before extending an invitation to give a lecture or participate in a conference. An international visitor in a "tourist" classification, i.e. B-1, B-2, WB, or WT, may be reimbursed and paid an honorarium IF the academic activity lasted no longer than nine days AND if the visitor has not accepted payment of expenses or honorarium from more than five U.S. institutions or organizations in the previous six months. If either of these conditions is exceeded, the individual in tourist for pleasure status (B-2 or WT) may NOT receive either honorarium or reimbursement. However, if the individual holds tourist for business status (B-1 and WB), the visitor may be reimbursed for expenses, but may not be paid an honorarium. For visitors holding non-immigrant visa statuses other than tourist, reimbursement may usually be paid, but in most instances an honorarium cannot be provided. Please refer to Yale Policy 3415 for information about persons in other non-immigrant visa categories. Refer to the Yale Tax Office for a comprehensive guide and planning tool with respect to payments to international visitors.

General Procedures and Information. The Office of International Students and Scholars seeks to protect the privacy of foreign nationals, in accordance with general University guidelines on the disclosure of information. Data on immigration status will be provided only as required by federal regulation.

OISS maintains up-to-date information about the regulations and procedures involved in hiring and hosting international scholars on its Web site at http://www.yale.edu/oiss/. Upon arrival, international scholars must visit OISS where they will receive a packet of important information about their immigration status responsibilities, as well as information about Yale and New Haven and the programs and resources offered by OISS.

International Tax Office . The Internal Revenue Service (IRS) requires that the University apply specific federal tax withholding and reporting rules to payments made to international students and scholars. For U.S. tax purposes, individuals are classified in one of the following categories: U.S. citizens, permanent resident aliens (i.e. green card holders), resident aliens, or nonresident aliens.

The International Tax Office provides guidance and responds to questions concerning federal tax withholding and reporting of payments made to individuals who are neither U.S. citizens nor U.S. permanent residents. This is a service offered by the Yale Tax Department for the benefit of international students, scholars and visitors of Yale University.

The International Tax office meets with the international student, scholar or visitor on a one-on-one basis to determine the individual's residency status for tax purposes and to determine the proper federal income tax and FICA withholding. The International Tax office reviews and processes applicable tax treaty exemption forms.

International students and scholars receiving any type of payment from the University are advised to schedule an appointment with the Tax Office .