For Departments

Inviting a colleague from abroad or hiring an international scholar need not be a complicated or overwhelming task.  OISS can assist you with the immigration related matters to ensure the scholars are in the U.S. with the guidelines of the Departments of State and Homeland Security.  In addition, OISS can provide your scholars with helpful resources and support as they arrive and settle into this new community.

Key points to remember include:

  • A person accepting an offer of employment with the University must have valid immigration status prior to beginning employment, and must maintain valid immigration status (with continual authorization for employment) throughout the duration of the appointment at the University. All offer letters should include a phrase such as "offer is contingent upon obtaining and retaining valid immigration status."
  • Each non-immigrant status has different eligibility criteria and conditions.  Research the possibilities thoroughly before selecting a status.
  • Outside counsel cannot be used for immigration cases involving the University without expressed permission from General Counsel (OGC) and OISS.


What is the role of OISS?

The Office of International Students and Scholars (OISS) is the University’s representative, for all immigration matters to the Department of Homeland Security (DHS), as well as to any other government agencies involved in bringing foreign nationals to Yale University (e.g Departments of State and Labor.) Any immigration document issued by, or on behalf of the University, must be signed by the Director of the office or his or her designee. An application submitted to any of these agencies that bears another signature will be returned.  Outside counsel cannot be used for immigration cases involving the University without expressed permission from the OGC and OISS.

The Office of International Students and Scholars should be consulted before making a commitment to hire a foreign national for any position. The Office will work with the hiring department and the individual to make certain that Yale and individual are compliant with all federal laws and regulations prior to the individual commencing employment. OISS staff is available to discuss the details of a particular case, make recommendations, and then to follow through with the preparation and submission of the immigration application. In most instances, particularly where the individual's situation is fairly straightforward, the office can handle the application expeditiously and without expense, except for government filing fees. 

If a hiring unit brings a candidate to campus for an interview and that candidate does not have U.S. permanent resident status, it is advisable to arrange an appointment for the candidate and a staff member from the hiring unit with the Office of International Students and Scholars. The candidate should bring his or her passport and all immigration documents. A member of the OISS staff will explore with the department and the candidate whether the candidate’s present status is satisfactory for employment at Yale, and, if not, what options exist to cover the proposed period of employment.

What are the considerations in selecting a non-immigrant visa?

A number of factors must be taken into account in determining the appropriate immigration status for a new hire. While there are general guidelines, each case should be reviewed on its individual merits.

  • nature and duration of the initial appointment
  • University policy
  • long-terms plans of the University and the candidate
    • Is the nature of the employment likely to change?
    • Will the candidate wish to remain in the country?
    • Is the individual likely to make a return visit(s) to Yale in the near future?
  • amount of time available before the candidate is to take up the position 
  • candidate's immigration history 
  • possibilities of employment for the spouse 
  • tax implications 
  • international travel plans