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Employment and Labor Relations
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Q: |
My department wishes to hire an instructor who needs a visa to work in the United States. Can the instructor begin teaching classes while his visa application is pending with the INS?
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A: |
No. Under the Immigration Reform and Control Act of 1986, it is illegal for an employer to hire an alien who does not have valid work authorization. A pending visa application with the Immigration and Naturalization Service (INS) does not constitute work authorization. Therefore, this individual should not perform any services for the University before the appropriate visa is issued. Further, it is the position of the INS that services performed without pay while a visa application is pending cannot be considered bona fide volunteer work and therefore also constitute illegal employment.
For other information on visa status and work authorization, contact International Student and Scholar Services at 612-626-7100.
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