Immigration Guide

The ability to be employed and/or compensated for services in the U.S. is dependent upon the non-immigrant visa status held by the foreign national AND specific immigration regulations that govern the visa. Many of the numerous non-immigrant visa categories permit an individual to be employed and/or compensated by a U.S. employer. However, in almost every case, employment and compensation are restricted to an identified sponsoring employer or organization, for a fixed period of time within a specific capacity. Although the immigration regulations vary depending on the type of position, length of employment, and type of funding, the following will serve as an introductory guide when hiring a foreign national for a University position:

1. Contact International Services (IS) at least three months in advance of hiring a non-resident alien for a campus position. We will provide you with the necessary information regarding appropriate visa type, possible compensation, length of visit, and required documentation.

2. H-1B Visa Status for tenure-track faculty or administrative positions Non-resident alien faculty members may be considered for tenure-track positions. It is necessary to contact International Services (IS) at least five months prior to the employment start date.  The IS offers H-1B visa regulatory advising for tenure-track faculty positions. Non-bargaining unit administrative positions will require additional processing time. Financial support for living expenses is provided by salary. Documentation required - Extensive petition is prepared by the IS. Petition includes Petition Cover Letter, Letter of support from department, copies of all degrees and transcripts, letters of reference, Dept. of Labor condition approval, immigration application Form I-129, and C.V./resume. The IS will advise the department and the faculty candidate on preparation of required documentation. Approval of the H-1B visa status must be received before the candidate can begin employment. The IS will provide authorized employment clearance to Human Resources Payroll Office.

3. J-1 Research Scholar or Temporary Professor Visa Status International Research Scholars are primarily engaged in conducting research, observing, or consulting in connection with Montclair State University. They may also teach or lecture as required by the academic department. The minimum academic requirement for a research scholar is a master's degree. The scholar may not be a candidate for a tenure track position. Research scholars may be funded by Montclair State University, by their own university, by personal funds, government funds, or a combination of the above.

The Executive Director of Global Education must clear all research scholars. Before proceeding with the IS in regard to a research scholar, please contact Dr. Marina Cunningham, Executive Director of Global Education, at least three months prior to the desired arrival time.
TEL: (973)-655-7566;
EMAIL: CunninghamM@mail.montclair.edu

Temporary faculty or adjunct positions are primarily engaged in part-time or full-time teaching positions that are non-tenure track. The duration of the positions may not exceed five years. The appropriate visa type for a research scholar or temporary non-tenure track faculty member is J-1 Exchange Visitor. The J-1 visa type has a mandatory health insurance requirement. The IS will advise on the minimum amount of health insurance required. The appropriate duration of stay for this type of visitor ranges from ten days to three years. A Masters degree or higher is required for the J-1 Research Scholar or Professor visa.

Documentation Required - A form DS-2019 must be issued by the IS. Before the DS-2019 can be issued, department/scholar must submit: Departmental support letter, Proof of financial support, completed insurance compliance letter, or other relevant documents.

4. B-1 Visitor for Business Visa or VWB Visa Waiver for Business International guest lecturers/speakers are occasionally hired for a short- term visit to campus. The federal regulations permit a U.S. academic institution to pay honoraria and associated incidental expenses for a usual academic activity lasting not longer than nine days at any single institution to persons in this visa status. The service performed must be conducted for the benefit of the academic institution AND the foreign national may not accept payment or expenses from more than five institutions within the previous six-month period. The visitor must present a valid visa and Form I-94 Record of Arrival and Departure to International Services (IS) upon arrival on campus as verification of immigration status. This verification by IS is required before payment can be made by the University.

Documentation Required - No documentation from IS is required. However, visitor must be prepared to submit to the U.S. Consulate (for B-1 visa) or at the U.S. Port of Entry (for VWB visa)* a valid passport and letter of invitation from the sponsoring University department.
The Departmental invitation letter must include:

  • Purpose of visit
  • Dates and duration of visit (not to exceed 9 days on campus)
  • Type and amount of payment
  • Instructions to visit the International Services immediately upon arrival on campus with passport so that IS can provide immigration honoraria payment clearance to Office of Accounts Payable.

Visits that exceed nine days on campus are not appropriate for this visa type. Please see J-1 Scholar visa.

*VWB visa is a waiver of a visitor's visa for business purposes. A visit to the U.S. Consulate is not required and the visa is granted in customs at the U.S. Port of Entry  to citizens of countries determined by the U.S. Department of State.  For more information on the Visa Waiver Program and the countries currently permitted to enter the U.S. in this status, please go to the U.S. Dept. of State
website
.

For consultation on any of the above information, please contact:

International Services (IS)
Global Education Center
22 Normal Avenue
Montclair, NJ  07043
+001(973) 655-6862 (phone)
+001(973) 655-7726 (fax)
international.services@montclair.edu