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Foreign Nationals

Employment of Foreign Nationals

The University of Houston does not discriminate in employment on the basis of national origin. However, all employment offers to foreign nationals must be conditional upon the employee's eligibility to work in the United States. Under no circumstances may an employee of the University of Houston knowingly employ, or contract employment with, an unauthorized noncitizen.

Common Visa Types at UH:

SEVP Visas

The Student and Exchange Visitor Program (SEVP) includes visas for study and cultural exchange. All visas in this category are handled by International Student and Scholar Services and all costs are borne by the beneficiary.

F-1 (Student Visa): A person in F-1 status can work no more than .50 FTE during the long semesters without special approval. An F-1 student can only work for their home university unless granted special dispensation. The status document associated with this visa type is the I-20.

CPT (Curricular Practical Training): In an F-1 student's final year before graduation they can apply to work full-time in CPT status. They typically can only work for their home university and their job must be related to their degree program. CPT status will be noted on the I-20.

OPT (Optional Practical Training): In an F-1 student's final year before graduation or during their first year after graduation, they can work full-time if they have applied for OPT status. The job must be related to their degree program, and they cannot begin employment until they have received their EAD card, even if they have an I-20 stating that their OPT has been granted.

J-1 (Exchange Visitor): A person in J-1 status may work for any appropriate salary and any FTE, as long as the employment is in accordance with the purpose for which the beneficiary is in the United States. This information, along with allowable job types, is noted on the DS-2019. Unlike many other visa types, a J-1 allows for unpaid internships or stipend payments, when appropriate.

Employment-Based Visas

Some visa statuses are contingent upon the beneficiary being employed in the United States. Visas in this category are handled by the Immigration Specialist in the Office of the General Counsel. The employer is expected to pay all relevant fees for an employment-based visa.

E-3 (Austrailian Speciality Worker): The E-3 visa status applies only to Austrailian citizens  who will temporarily  perform services in a speciality occupation requiring a theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific speciality,or its equivalent as a minimum for entry into the occupation in the United States. Because an E-3 is restricted to specific employment conditions, the hiring department is asked to work closely with the Office of the General Counsel Immigration Specialist.

H-1B (Specialty Occupation Worker): The H-1B visa status applies to persons who will temporarily perform services in a specaility occupation requiring a theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific speciality, or its equivalent as a minimum for entry into the occupation in the United States. Because an H-1B is restricted to specific employment conditions, the hiring department is asked to work closely with the Office of the General Counsel Immigration Specialist. 

TN (USMCA Professional): Under the terms of  the United States-Mexico-Canda agreement (USMCA) Mexican and Canadian citizens may temporarily work in the United States in treaty-defined jobs and business activities. Because a TN is restricted to specific employment conditions, the hiring department is asked to work closely with the Office of the General Counsel Immigration Specialist. 

O-1 (Extraordinary Ability): The O-1 visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, and have been recognized nationally or internationally.  Because an O-1 is restricted to specific employment conditions including using an OGC designated attorney, the hiring department is asked to work closely with the Office of the General Counsel Immigration Specialist.

Other Statuses Commonly Seen at UH

DACA (Deferred Action for Childhood Arrivals): DACA allows some undocumented immigrants who were brought into the U.S. as minors to work and study legally while seeking permanent residency or citizenship. Under this status, the DACA beneficiary may work for any employer, at any rate of pay, and any FTE. Persons in DACA status are responsible for all of their own filing fees. Since a person in this status is taxed as a U.S. citizen, no foreign national tax packet is required. However, departments are encouraged to note the DACA status in the ePAR comments or upload a copy of the individual's EAD card, which will say Category C33 on the front.

Questions?

Additional questions about foreign national employment should be directed as follows:

  • International Student and Scholar Services: Petitions, changes or extensions for persons in F-1, J-1, CPT or OPT status.
  • Office of the General Counsel: Petitions, amendments, or extensions for persons in E-3, H-1B or TN status. Questions about O-1 employment or UH sponsorship for permanent residency.
  • Human Resources: Employability of persons who already have a visa. I-9 questions or concerns. General advice about processing of employment documents, such ePARs. FLSA questions, such as whether a J-1 should be paid via payroll or on a voucher.
  • Office Finance, Tax Information: Questions or concerns about a foreign national's tax rates.