Hiring Guidelines

Hiring Internationals at Montclair State University
International Services (IS) ensures that the University maintains compliance with all applicable laws and regulations set forth by the U.S. Department of Homeland Security (DHS), the U.S. Department of State (DOS), the U.S. Department of Labor (DOL), and other government agencies related to international students, faculty staff, or other international visitors, and their accompanying dependents.


In order for us to effectively serve the international community and the hiring departments, we have implemented the following guidelines which will ensure proper handling of all immigration case work.


•It is critical that all departments consult with IS prior to making any offer of employment/invitation to foreign nationals.


•International Services is the only unit officially authorized to represent Montclair State University (MSU) with regard to processing all visa documents (F-1, J-1, H-1B, LPR, O-1, TN etc.) of nonimmigrant aliens for all colleges, schools and departments.


•Outside attorneys are not authorized to represent Montclair State University employees without the consent of International Services.


•If the foreign national is authorized by IS to retain the service of an attorney for any visa categories, IS must sign any formal documentation as the official representative of the University. Other hiring officials, faculty members or staff members are not authorized to sign on behalf of the University.


•The foreign national must give the attorney permission to release information about the petition to designated IS staff upon request.


•Any attorney fees incurred are the responsibility of the individual beneficiary or the hiring department.


•Under no circumstances should the hiring department make any commitment of sponsorship for permanent residence to the employees.


•All potential candidates for permanent residence should be referred to IS for preliminary consultation.
Exceptions to the above policies are considered for extraordinary circumstances on a case-by-case basis by the International Services.


International Services (IS) provides immigration services for internationals in the following VISA categories.

VISA TYPE

LENGTH OF STAY

POSSIBLE EMPLOYMENT/
INCOME

INT’L SERVICES PROCESSING TIME
(after all required documents are submitted to IS)

VISA APPROVALTIME

B-1/B-2
VISITOR VISA

Limited Stay. Cannot stay for more than 9 days on campus if receiving Montclair State payment

Honorarium or reimbursement for travel, NO SALARY

N/A

2-4 weeks

F-1
STUDENT VISA

Duration of Study

Part time on campus employment permitted with IS approval; 12 or 29 months of practical training full time

15 days

1-2 months

J-1
EXCHANGE STUDENT VISA

Duration of Study

Part time on campus employment permitted;
Up to 18 months of post-degree Academic Training (AT). Postdoctoral will qualify for 36 months of AT

15 days

1-2 months

J-1 PROFESSORS &
RESEARCHERS

5 YEARS

SALARY
FULL TIME/PART TIME

15 days

1-2 months

H-1B
WORKING VISA

3+3 YEARS

SALARY/FULL TIME

30 days

3-4 months

EB-1
Legal Permanent Resident (LPR) (Outstanding Professors and Researchers)

PERMANENT

SLARY/FULL TIME

30-45 days

1-3 years

EB-2
LPR PERM (Department of Labor Certification)

PERMANENT

SALARY/FULL TIME

60-120 days

1-3 years

O-1 EXTRAORDINARY ABILITY

First period for 3 years; renewable annually

SALARY/FULL TIME

30 days

3-4 months

TN
CANADIAN & MEXICAN NAFTA PROFESSIONAL WORKERS

Maximum 3 Years at a time; renewable every three years

SALARY/FULL TIME

15 days

1-2 months

ALL OTHER CATEGORIES

International Services will provide advice and guidance to process all other visa categories on a case by case basis.