Human Resources

International Employee Services

The goal of International Employee Services is to ensure compliance with all federal laws, rules, and regulations permitting the employment of foreign nationals, and to provide consultative and administrative support to all units involved in hiring or sponsoring international scholars.

The Office of Human Resources works closely with the University Counsel’s Office who prepares the necessary Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) documents to seek H-1B status or Permanent Resident status on the basis of employment.

On this page you will find additional information about the specific visa types sponsored by the University.

• F-1 and J-1 Student Status
• J-1 Exchange Visitor Program
• H1-B Status
• TN Status
• Permanent Residency on the Basis of Employment

F-1 and J-1 Student Status

F-1 and J-1 student status is obtained upon admission as a student to the University. For more information, please visit the International Student and Scholar Services Office.

J-1 Exchange Visitor Program for Teachers, Researchers, and Scholars

The Exchange Visitor Program promotes mutual understanding between people of the United States and the people of other countries through educational and cultural exchange.

The J-1 Exchange Visitor visa allows foreign nationals to come to the University to teach, study, and conduct research. If you are interested in sponsoring a J-1 Exchange Visitor, please visit the International Student and Scholar Services Office:

https://www.albany.edu/isss/index.php

H1-B Status

The University uses the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. The University Counsel’s Office prepares the necessary Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) documents to seek H-1B status.

TN Status

TN (Trade NAFTA) status is a temporary professional non-immigrant classification for citizens from Canada and Mexico only. This visa is granted based on a job offer in the U.S. (see sample of TN job offer letter), proof of the individual's qualifications for the position, and an application presented at the port-of-entry. The TN status will be granted for 3 years at a time, and is renewable indefinitely. There is a specific list of occupations that are eligible for the TN status. Most occupations on a university campus are included on this list. All occupations require the minimum of a baccalaureate degree or the foreign equivalent.

USCIS requires no prior processing before the TN enters the U.S. For Canadian citizens, all documents are presented at the port-of entry, the status is granted, and the individual is admitted. Renewals of the TN status can be processed by re-entering the country again, or through an application process by mail. The provisions for entry of workers from Mexico under the TN category have changed as of January 1, 2004. Mexican citizens can apply directly for the TN visa at U.S. Consulates in Mexico without prior USCIS approval. In addition there is no numerical cap on TN’s for Mexican citizens.

Dependents of TN workers are admitted into the U.S. under the TD status. TD dependents are allowed to attend school in the U.S., but cannot be employed under any circumstances.

Permanent Residency on the Basis of Employment

For an employee who may be eligible to become a permanent resident based on an offer of permanent employment at the University, the University Counsel’s Office prepares the necessary Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) documents.

• Requirements for Immigrant (Permanent Resident) Petition
• Requirements for Application to Register Permanent Residence or Adjust Status (Form I-485)
• SUNY Policy on Legal and Financial Support for Immigration Petitions
• Memorandum dated September 1, 2007 Re: Amendment to SUNY Immigration Policy Requiring Employer to Pay Labor Certification Fees