Employees

Overview

Employee Immigration

The Office of International Services (OIS) works with University administrators and employees to provide them with information and advice on immigration matters to ensure the University and its international faculty, researchers, and staff are in compliance with the regulations of Department of Homeland Security (DHS) agencies, the Department of State (DOS), and the Department of Labor (DOL).

In conjunction with USF’s designated attorney, OIS assists hiring departments with obtaining employment authorization in the form of an employment-based visa for qualifying international employees. Visa categories commonly used by USF include H-1B, TN, O-1, and E-3.  If the USF position qualifies, OIS assists departments with sponsoring their non-immigrant employees for an Employment Based Permanent Resident category. 

H-1B Specialty Occupation

The H-1B visa classification is for international employees in a “specialty occupation,” where the position requires a specific advanced degree (minimum of a bachelor’s degree in a specific field) and the employee has the specific advanced degree.  The H-1B also has minimum wage requirements and requires the filing of a Labor Condition Application (LCA) with the Department of Labor (DOL) prior to filing an H-1B petition with USCIS.  Work authorization is obtained in 3-year increments for a maximum of 6 years.   Used for tenured and non-tenured faculty, full-time instructors, researchers, administrative leadership positions.

E-3 Professional Worker for Australians

The E-3 classification allows Australian nationals to temporarily work in the US in a “specialty occupation” under the Australia-United States Free Trade Agreement. The E-3 status has minimum wage requirements and requires the filing of a Labor Condition Application (LCA) with the Department of Labor (DOL) prior to filing an E-3 petition with USCIS.  Work authorization is obtained in 2-year increments.  Cannot be used for OPS or Staff positions.

TN Professional Worker for Canadian and Mexican Nationals

Qualified Canadian and Mexican citizens may seek temporary admission to the US under the provisions of the United States-Mexico-Canada Agreement (USMCA – previously called NAFTA) to accept full-time employment with USF, to engage in activities at a professional level in one of the professions or occupations covered under NAFTA Specialty Occupations (Appendix 1603.D.1).  Work authorization is obtained in 3-year increments.  Cannot be used for OPS or Staff positions.

O-1 Individuals with Extraordinary Ability

The O-1 classification applies to an individual who has extraordinary ability in the sciences, education, or business; who has "risen to the top of his or her field," which has been demonstrated by sustained national or international acclaim; and who is coming to the U.S. to work in the area of extraordinary ability. USF used this category only when the employee is fully qualified and no other visa category can be used.

Basic Eligibility for Employment Based Visa Sponsorship (EBVS)

  • The hiring unit is a USF college, department, or division that pays the employee with a USF paycheck
  • The official university position description requires a minimum of a bachelor’s degree in a specific discipline or area.  This typically applies to faculty and administrative positions only.
  • The USF position is for full-time (1.0 FTE) employment.