International Candidates for Faculty Searches

Visas and Academic Searches 

“International” here means someone who is not a U.S. citizen or permanent resident.

Keep in mind the following points: 

• Departments are not obliged to support visa applications for non-tenure track faculty positions. You may tell all applicants that IU requires a legal work status and that it is up to the candidate to provide that.   

• Most full-time employees who have a visa will be at least thinking about and probably planning for permanent residency. Departments may assist their employees in this process (see below). 

• Success in eventually obtaining permanent residency depends on many steps some of which are not controllable.   

• If a search is conducted in the ‘right way’ [labor certification-compliant] at the beginning, the application for permanent residency need only show that they were the top candidate for that position. If the search was not conducted in the ‘right way,’ to get permanent residency they must establish that they are the only candidate suitable for that position. 

• For tenure track positions, permanent residency is not required at the time of hire but will be required for tenure to take effect. 

Refer to details on the IU Indianapolis Office of International Affairs' Departmental Hiring and Hosting webpage. 

Step 1: What is the anticipated pool of strong candidates? 

• Consider your own or similar doctoral programs: how many graduates are international students? If a significant percentage of graduates are international, then a significant percentage of qualified applicants will be international. 

• In certain sub-fields there may be a greater concentration of international graduates so sometimes in bringing in new disciplines or sub-disciplines, you may redefine your applicant pool. 

• Hiring international applicants requires a lot of time, effort, and expense but expands your pool of candidates.   

Step 2: Understand employee visa options.

• J1 visas: visa fees are not paid for or applied for by the department/IU.   

• Relatively easy for applicant to get, assuming they start the process while located in their home country and their home country has an open US Embassy. The Office of International Affairs provides visa documentation which they take to the US Embassy.

• Requires a graduate or professional degree; can be used for research or teaching positions but not tenure-track.   

• Lasts 1-5 years. 

• There may be barriers to moving to other visa types such as H-1B or permanent residence. This is based on the J-1’s specific discipline, their country of permanent residence, and how their J-1 program was funded. Some persons with this barrier can receive a waiver. 

• TN: for Canadian or Mexican citizens and temporary only. 

• H-1B: the department is required to pay the fees for this visa. (This is a federal requirement tied to salary rules).

• Tenure-track candidates must use this category; they must achieve permanent residency before tenure can be activated.   

• Clinical, lecturer, and research faculty can use H1-B or J1; J1 is more time-limited. If the department will not pay for the H1B, then the candidate must use J1 and cannot be tenure-track

Step 3: Choose a search plan.

• A labor-certification-compliant search includes these special features: 

• • All qualifications must be “required” (“A or B are required” is allowed; but not “A is required and B is preferred”) and required at the time of offer (not “by start date.”) (special note for ABD: The ad can indicate Ph.D. or ABD if the department would consider ABD candidates for the position but not move them into the tenure track position until the Ph.D. is granted (begin in “acting” position FG3). The candidate can move forward in the permanent residency application process once in a tenure-track position (FT3 )). 

  • Multiple choices for specialization are not allowed, e.g. you cannot have a pooled search for “Candidates must be qualified for one of these:  X, Y, or Z.” There has to be a separate search for A, one for B, and one for C. You may use the same search committee for all of them.   

  • The search must use (at least) a national print or web-based professional journal; if web-based, the ad must appear for at least 30 days.   

• See IU policy ACA-77: Advertising Policy for Academic Instructional Positions.
  

• If the search is not labor-certification-compliant, an international person can be hired (see visa options below) but a lengthy re-advertising process will be necessary to sponsor the international employee for permanent resident status.     

Step 4: Understand permanent residency requirements.

• Determine original search process and documentation. If it did not meet requirements, you will have to work with Frank Martinez (IU General Counsel) to document that the person is the only qualified person for that position.   

• Teaching employees should start the application for permanent residency within 15 months of accepting the offer; non-teaching employees would start after 1 year of IU employment. 

• Availability and timing of obtaining permanent resident status varies by the home country of the individual. Some countries have very lengthy waiting lists (China and India in particular).   

• Permanent residency via marriage to a U.S. citizen is easier and generally faster than employment-based permanent residency. IU General Counsel can help current or prospective employees apply for permanent residency through this pathway.

Please note: Once hired, IU employees cannot work from out of the country. Consult the Remote Work policy.

For questions, contact Office of International Affairs.

Reviewed and revised: 7/2023.