INTERNATIONAL EMPLOYEES AND THE IMMIGRATION REFORM AND CONTROL ACT OF 1986
In accordance with the Immigration Reform and Control Act of 1986, it is Bates College policy to hire only those individuals who are authorized to work in the United States. Pursuant to this law, all individuals who are offered employment will be required to submit documentary proof of their identity and employment authorization. Employees will be required to complete, and sign under oath, Immigration and Naturalization Form I-9. This form requires candidates for employment to attest that they are authorized to work on the job for which he or she may be hired and that the documents submitted are genuine. In addition to requiring all off campus applicants hired for employment to comply with this law, it will also apply to on campus applicants who are offered and accept employment in which there is a status change, i.e. temporary part-time to regular part-time to regular full-time.
If an individual is authorized to work in this country for a limited period of time, before the expiration of that period, he or she will be required to submit proof of employment authorization and sign another Form I-9 in order to remain employed. Bates College will not discriminate based upon national origin and citizenship.
INTERNATIONAL STUDENTS — According to the federal guideline established by the Immigration and Naturalization Service, an international student cannot work more than 20 hours a week while classes are in session. It is both the student’s and the supervisor’s responsibility to comply with this federal guideline. International students must first come to the Student Employment Office to fill out necessary paper work before they can apply for any jobs. The payroll department will determine if a student is subject to any tax treaties that may exempt them from tax payments.
INTERNATIONAL STAFF — International staff are required to come to the Payroll Department to determine their tax status. The Payroll department will require a copy of the employee’s visa, their Form DS-2019 (formerly IAP-66) if on a J-1 visa or Form I-20 if on an F-1 visa, their social security card (if you need to apply for one, the Payroll Department can assist in this process), their offer letter or contract. Employees will be required to complete the Foreign National Form so that the employee’s tax status can be determined.
TN VISAS FOR CANADIAN AND MEXICAN PROFESSIONALS — TN is a temporary, nonimmigrant status available on a yearly basis for Canadian or Mexican citizens only. TN status is employer-specific and must be for professions, which are listed by INS as being eligible for this status. TN dependents are classified as “TD” and are not eligible for employment. The procedures for Canadian citizens and Mexican citizens to obtain TN status are quite different. Canadian citizens are not issued visa stamps and instead are admitted to the United States in TN status when they present appropriate documentation to INS inspectors at the point of entry. Their TN status is then noted on Form I-94. For Mexicans, the employer must send documentation to the DOL and INS for approval in advance. Mexican citizens must then obtain TN visa stamps before being admitted to the United States with the TN notation on Form I-94.