The F-1 Visa Classifications
The F-1 visa classification is for full-time students. Under certain conditions and with authorization from the proper authority, F-1 students are permitted to undertake employment related to their degree studies. This employment is known as "F-1 Practical Training.” There are two types of F-1 Practical Training, both of which must be obtained through the international student adviser at the student’s F-1 school:
There are two nonimmigrant classifications that departments may wish to consider in cases where neither the J-1 or H-1B is appropriate--but only if the foreign national's visit to Rutgers will meet the restrictions of one of these classifications.
Departments do not need to submit any paperwork to the Center for Global Services for either TN or B-1 visa sponsorship, nor is the Center required to generate or submit any paperwork for these classifications. Departments are expected to handle all paperwork related to TN and/or B-1 classifications without the involvement of the Center.
B-1 Visitor for Business (or WB waiver of B-1 visa for citizens of certain countries)
For certain types of shorter-term visits where the foreign national will not go on Rutgers Payroll.
For certain types of professional employment for eligible Canadian and Mexican citizens.
Other Nonimmigrant Visa Classifications
The United States has approximately 50 different nonimmigrant visa classifications. Some of these do not permit employment of any kind, some permit employment under very specific regulation-governed circumstances only, and some permit unrestricted employment. The J-1 and H-1B visas are examples of visas that permit employment under very specific regulation-governed circumstances only.
Rutgers employing units should not proceed with employing a nonimmigrant visa holder unless they are certain the individual is legally eligible to pursue the proposed employment. Employing units can gain such certainly either through completion of J-1 or H-1/B visa sponsorship procedures through the Center or by verifying documentation from the prospective employee that demonstrates he or she is authorized to accept the specific employment offered.
U.S. immigration laws subject employers to sanctions if they that hire individuals who are not legally authorized to work. Since Rutgers-not any one individual department-is the employer, if errors and oversights are made by enough individual departments as to establish a "pattern" in the eyes of USCIS, the University as a whole could be sanctioned. We therefore urge departments having any questions about hiring a foreign national to contact the Center before making an official job offer.