Hiring Guidelines

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.

The following guidelines are set to 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.

•MSU provides H-1B sponsorship to employees; it is not lawful to reject an applicant based on their need for sponsorship.

•Hiring departments must keep recruitment-related documentation for at least 5 years from the date on the offer letter.

•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.

The options for hiring international employees can be found in the Overview of Immigration and Employment.