Non U.S. Citizen Employment

Employment Begin Date for F1 Visa Holders Using an I-20 as Their Employment Authorization

A new student may begin employment if authorized 1) Up to 30 days before the report date on the I-20 or 2) the date they enter the country, whichever is later.

Note on Restricted SSA and Other Cards

Social Security Cards marked with “Valid Only with INS (or DHS) Authorization” – issued to aliens who present proof of temporary work authorization; these cards do not satisfy the Form I-9 requirements for a List C item. Please refer to the back of the I-9 Form for another List C item option to use on the front of the form.
 

 

Social Security/Medicare Taxes/Unemployment Taxes

Nonresident Aliens who are in the United States on a J1, F1, M1 or Q1 visa are usually exempt from Social Security and Medicare taxes, as well as unemployment tax. While Nonresident Aliens who are in the United States on an H1B, TN, O1, or J2 visa are subject to Social Security and Medicare as well as unemployment tax.

 

Federal & State Income Tax Withholding Requirements

Nonresident Aliens from tax treaty countries can claim exempt status with some limitations. Employees must qualify for the exemptions through the Glacier process. If they qualify, Glacier will provide them with the necessary forms at the end of the session that will need to be turned into the Payroll Office.

W-4 and K-4 Status of Nonresident Aliens with New Hire Paperwork (Initial Set-Up)
Must claim:

Single and one (regardless of marital status) (S-1)


When the employee goes through the Glacier process, the program will determine if the employee is eligible for more than the one exemption and will create a new W-4 Form with the qualifying exemptions for the employee to turn into the Payroll Office.

 

F-1 Visa (Student)

Eligibility:

  1. Must maintain full-time enrollment as defined by academic institution.
  2. Maximum 20 hours per week employment while classes are in session. May work full time during summer and other break periods.
  3. Employment valid for period of time indicated on the I-20, line 5.


Documents Required:

  1. Valid passport (employee name, issuing country, picture and expiration date).
  2. Visa (employee name, picture, visa type).
  3. I-94 Departure Record (both sides).
  4. I-20 (both sides)


Exceptions:
May participate in employment directly related to field of study.  This employment may take the form of:

 

  1. Curricular Practical Training-Employment required for completion of degree (i.e. internship) and requires approval of Designated School Officer (DSO) on Form I-20.
  2. Optional Practical Training-Employment during or after completion of studies.  The total period may not exceed 12 months.  Requires approval by INS, which is in the form of an Employment Authorization Card.
 

F-2 Visa – Not Permitted to Work in the United States

 

J-1 Visa (Student)

Eligibility:

  1. Must maintain full-time enrollment as defined by academic institution.
  2. Maximum 20 hours per week employment while classes are in session. May work full-time during summer and other break periods.
  3. Employment valid for period of time indicated on the J1 Student Work Authorization Form or sponsor letter if not KU sponsored.


Documents Required:

  1. Valid passport (employee name, issuing country, picture and expiration date).
  2. Visa (employee name, picture, visa type).
  3. I-94 Departure Record (both sides).
  4. DS2019
  5. J1 Student Employment Authorization Letter (or sponsor letter if not KU Sponsored).


Exceptions:
May participate in employment related to their academic program. This employment may take the form of:

 

  1. Letter authorizating academic training from the sponsoring agency.

 

J-1 Visa (Research Scholar or Professor)

Eligibility:

  1. Full or Part–Time Employment.
  2. Valid for time indicated on the DS2019
  3. Employment must be related to statement of proposed activity as indicated on the DS2019


Documents Required:

  1. Valid passport (employee name, issuing country, picture and expiration date).
  2. Visa (employee name, picture, visa type).
  3. I-94 Departure Record (both sides).
  4. DS2019
  5. If DS2019 is not issued by KU, a letter from the J-1 program or sponsoring agency must be attached to the DS2019.

J-2 Visa (Dependent of J-1)

Eligibility:

  1. Full or part-time employment.
  2. Must have Employment Authorization Card issued by INS.
  3. Valid for period indicated on Employment Authorization Card.


Documents Required:

  1. Valid passport (employee name, issuing country, picture and expiration date).
  2. Visa (employee name, picture, visa type).
  3. I-94 Departure Record (both sides).
  4. Employment Authorization Card issued by INS Office.

H1-B Specialty Occupation Worker

Eligibility:

  1. Must have authorization from INS (Form I-797A).
  2. Full or part-time employment.
  3. Valid for period of time as indicated on Form I797A.


Documents Required:

  1. Valid passport (employee name, issuing country, picture and expiration date).
  2. Visa (employee name, picture, visa type).
  3. I-94 Departure Record (both sides).
  4. Form I797A

TN Visa (Citizens of Canada or Mexico)

Eligibility/Documents Required:

  1. Canada requires only an I-94 card as employment authorization.
  2. Mexico requires INS Form I-797A as employment authorization.

Permanent Or Resident Alien

No specific work authorization required but must have either an I-551 stamp in passport, I-551 Card, or Permanent Resident Card.

Asylees, Refugees:

Employment Authorization issued by INS. Could either be a stamp in the passport or an Employment Authorization Card.

Visa Types (pdf)

 


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