[HRMS] Updated Guidance on Hiring of Foreign Workers (HB 7017)

[HR Important Message]

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An important message from the FSU Office of Human Resources

This message has been approved by Shelley Lopez, Program Director, Communications/Special Projects, for distribution to all Department Representatives.
The November 2, 2022, memo<https://hr.fsu.edu/sites/g/files/upcbnu2186/files/Memo%20re%20HB%207017%20screening%20November%202022.pdf>, distributed by the Office of Compliance and Ethics, updates previous guidance<https://hr.fsu.edu/sites/g/files/upcbnu2186/files/Memo%20re%20HB%207017%20screening%20March%202022.pdf> on HB 7017 screenings dated March 11, 2022, and is intended to provide information about the revised list of visitors, researchers, and employees who are required to undergo additional employment screening in accordance with 2021 House Bill 7017<https://www.flsenate.gov/Committees/BillSummaries/2021/html/2578>, codified at s. 1010.35, Florida Statutes.

FSU has updated the list of impacted job codes to now include tenure track hires with start dates on or after January 1, 2023. Please refer to the updated Job Code List<https://hr.fsu.edu/sites/g/files/upcbnu2186/files/HB%207017%20Job%20Code%20List%20revised%20November%202022.pdf>. All candidates for positions in these job codes must be screened if they are a Citizen of a foreign country (any country that is not the U.S.) or U.S. citizen or permanent resident (green card holder) who has a year or more of employment or training in a country of concern (China, Cuba, Iran, North Korea, Russia, Syria, Venezuela).

Candidates who meet these criteria should be prepared to provide the following information to FSU upon request:

  *   Every institution of higher education attended, whether or not listed on the CV or resume
  *   All previous employment since 18th birthday
  *   A list of all published material
  *   A list of all current and pending research funding from any source, including details about the research, role, funding source, and amount
  *   A list of any current paid or unpaid affiliations, such as board membership
  *   List and description of any non-university professional activities
  *   Any affiliation with an institution or program in a foreign country
  *   A complete copy of the passport
  *   Most recently submitted DS-160 (Online Nonimmigrant Visa Application)
  *   Declaration of any government, military, intelligence agency, or police service

You may conduct interviews and have preliminary discussions about a job or visiting opportunity before the screening. Please discuss with serious international candidates the requirements of the statute and request that they begin document collection and outreach to previous employers to help expedite the process should an offer be extended.

Conditional offers are allowed. If you make an offer prior to completion of a screening, the offer must expressly indicate that the offer is contingent upon successful completion of the state screening. You can use the following language for contingent hires: "This offer is contingent upon the candidate meeting all qualifications and successful completion of all background checks, including any applicable screening required for foreign workers."

The Office of Compliance and Ethics will continue to use the RAMP system for screening in conjunction with the established Export Control process. Even if your candidate does not require Export Control screening, please submit a RAMP Export Control item so that we can track the screening and ensure it is completed prior to the candidate's start date.

This guidance is unchanged from the March 2022 guidance but is re-stated here:

  *   Employment prior to July 1, 2021: Any person employed at FSU prior to July 1, 2021, does not need to be screened prior to taking a position on the Job Code List. This includes a previously appointed GA being appointed in a new semesterly position, an existing employee being appointed into a different job code, or a person receiving a promotion into a job on the Job Code List.
  *   Appointment into a non-research position: If the candidate will be appointed into a job code on the Job Code List but will not be engaging in or supporting research (e.g., a GA appointment that is teaching or grading only), please use the Exemption Request form<https://hr.fsu.edu/sites/g/files/upcbnu2186/files/1010.35%20Exemption%20Request%20Form.pdf> to seek an exemption for that candidate. If an exemption is granted, please note that the candidate cannot be placed in a research-related position without being screened first. If you know that the person will be in a teaching position for a limited time and then engaged in research, it is at your discretion whether to conduct the screening at the time of initial hire or at the time of the future appointment.
  *   Fulbright Scholars: Fulbrights who are not from a country of concern may be exempt from screening but will still need RAMP approval.
  *   Professors Emeritus/Emerita: Screening is not required for these appointments.

Thank you for all your efforts in furtherance of our compliance obligations.

Questions? For questions or clarification, please contact the Office of Compliance and Ethics (850) 644-5238 or compliance at fsu.edu<mailto:compliance at fsu.edu>.





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