3. Immigration and Hiring Non-Citizens
A.3.01 - Non-Discrimination:
The System may employ immigrant and non-immigrant aliens within the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act, as amended. All persons employed by the System must show proof of authorization to work in the United States. The System will verify employment authorizations for all employees in a non-discriminatory manner.
All employees must complete the Bureau of Citizenship and Immigration Services (BCIS) Form I-9 on, or before the first date of employment. Within three business days of employment, hiring departments must ensure that documentation is provided by the employee to establish their work eligibility and identification.
A.3.02 - Immigrants:
Immigrants are persons who have been granted permanent resident status, but who are not United States citizens. Immigrants may engage in all forms of employment.
A.3.03 - Non-Immigrants:
Non-immigrants are persons who are admitted into the United States temporarily for specific purposes and periods of time. The System may employ non-immigrants only if permission to work in the United States has been authorized by the Bureau of Citizenship and Immigration Services (BCIS).
Two categories of non-immigrant visa holders are eligible to work in the System:
a. F-1 visas
b. J-1 visas
Except in unusual circumstances involving persons with unique skills, the System does not sponsor non-immigrants for employment.
A.3.04 - F-1 Visa:
Non-immigrants with F-1 visas are persons temporarily admitted to this country under Bureau of Citizenship and Immigration Services (BCIS) rules, to study at a higher education institution.
International students who are taking a full course of study and otherwise maintaining valid F-1 status may hold any on-campus employment, less than 20 hours per week during the fall and spring semesters. During the summer or when school is not in session, students on F-1 visas may work full-time when not enrolled in classes. The students' employment must not displace a United States citizen or permanent resident.
Students with F-1 visas seeking off-campus employment must receive permission for this type of employment from the College Human Resources Manager and Designated School Official (DSO).
Students with F -1 visas who are enrolled at an institution of higher education other than the System and seek employment with the System under "optional practical training" or "curricular practical training" must provide the System with documentation stating the terms and limitations under which they may be employed.
Spouses or children of students on F-l visas may not be employed by the System.
A.3.05 - J-1 Visa:
Non-immigrants with J-1 visas are students, scholars, trainees, teachers, professors, research assistants, specialists or similar persons temporarily admitted to this country to participate in a program designated by the United States Information Agency.
A non-immigrant with a J-1 visa who is a student may be employed in part-time employment with the System if he or she presents a confirmation letter from his or her sponsor. Non-immigrants with J-1 visas who are professors employed by the System or another college or university may engage in employment stated on their
Form IAP66. All departments must check with the Designated School Official (DSO) at the campus of the J-1 visa-holder prior to offering him or her employment.
A.3.06 - Benefits Eligibility:
All Non-citizens who are employed by the district are eligible for the same benefits as are other employees in comparable positions, except as noted below:
Immigrants employed by the System must participate in one of the System's retirement plans and in income tax withholding.
Non-immigrants who have been authorized to work by the Bureau of Citizenship and Immigration Services may not be enrolled in any System retirement plan.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008