Operating Policy and Procedure
HSC OP: 10.10, International Visitors
PURPOSE: This policy establishes guidelines to monitor the immigration, payment, and export compliance issues surrounding International Visitors to the TTUHSC campuses for the expressed purpose of promoting education and developing skills and knowledge.
REVIEW: This HSC OP will be reviewed by June 1 of every even numbered year (ENY) by the Council of Deans, Office of Global Health, and the VP for Institutional Compliance, with recommendations for revisions forwarded to the President by August 1.
POLICY/PROCEDURE:
1. Definitions
a. International Visitor. A non-US citizen or permanent resident, over the age of 18, who is given access to TTUHSC property, facilities, and/or information systems, at the discretion of TTUHSC, for a specific period of time for collaborative, research, observation, or educational purposes. International Visitors are not employees and are not entitled to wages or benefits. All visitor opportunities must be entered into without promise or expectation of wages or future employment.
2. General Restrictions
a. In all situations, the duration of the International Visitor’s period of stay at TTUHSC shall not exceed federal immigration limitations as stated by the US Immigration & Nationality Act Section 101(a)(15), as specific to each applicable visa category.
b. In all situations, the intake and supervision of an International Visitor is the responsibility of the school or department that is hosting the International Visitor.
3. Related Policies
a. As this OP does not govern internationals seeking to perform volunteer services at TTUHSC, please refer to HSC OP 10.28 – Volunteers – regarding the facilitation of foreign nationals that desire to interact with TTUHSC in a volunteer capacity.
b. As this OP does not govern internationals seeking employment at TTUHSC, please refer to HSC OP 52.13 – Hiring and Immigration Sponsorship of Foreign Nationals – regarding information on employing internationals at TTUHSC.
c. As this OP does not govern Exchange Visitors, please refer to HSC OP 52.14 – Exchange Visitor Program – regarding information of J-1 Exchange Visitor sponsorship.
4. International Visitor Categories
There are five categories of International Visitors to TTUHSC:
a. International Guest. An International Visitor who is at TTUHSC for a short term (nine days or less) and for a specific event (e.g., serving as a guest lecturer, conference speaker, delegation member, site visitor, or similar) at the invitation of TTUHSC.
b. International Observer. An International Visitor who observes TTUHSC operations for educational or training purposes that primarily benefit the International Observer.
c. International Visiting Student. As determined by the TTUHSC school or department hosting the International Visitor, an International Visitor who is either:
1. Enrolled in an undergraduate, graduate or professional degree program at another institution while seeking educational experience at TTUHSC, but who is not registered and enrolled in an official course at TTUHSC; or
2. A student who has graduated from a foreign institution no more than 12 months prior to the start date of a US student internship program.
If the TTUHSC school or department requires the International Visitor to be enrolled in an undergraduate, graduate or professional degree program, a written agreement confirming the International Visitor’s enrollment in good standing is required from the International Visitor’s home institution before the visit can begin. Additionally, if enrollment is not required by the TTUHSC school or department, students who have graduated from a foreign institution no more than 12 months prior to the start date of the visit must provide evidence of a degree.
The school or department hosting the International Visitor will coordinate the review and approval process of written agreements and/or evidence of a degree with the TTUHSC Office of Global Health. Other school or department specific requirements may be delineated in written agreement between TTUHSC and the International Visitor’s home institution.
Additionally, J-1 visa sponsorship may be required (see HSC OP 52.14) before the visit can begin.
d. International Professional Trainee. An International Visitor who holds a professional or terminal degree and seeks additional hands-on training at TTUHSC. International Professional Trainees may receive specific training in research, health education, and patient care services, appropriate to their educational qualifications.
A written agreement delineating the expectations and requirements of a visiting International Professional Trainee may be required as determined by the TTUHSC school or department that is hosting the International Visitor before the visit can begin. If a school or department has questions related to developing such an agreement, they may discuss with the TTU System Office of General Counsel and/or the TTUHSC Contracting Office.
Additionally, International Professional Trainees must demonstrate to TTUHSC Institutional Compliance proof of funding for the duration of the visit before the visit can begin. The school or department hosting the International Professional Trainee is responsible for ensuring Institutional Compliance has reviewed and approved the evidence of financial support provided.
e. International Scholar or Scientist. An International Visitor who is employed and paid by another institution or entity and collaborates with TTUHSC faculty and staff.
A written agreement delineating the expectations and requirements of a visiting International Scholar or Scientist may be required as determined by the TTUHSC school or department that is hosting the International Visitor before a visit can begin. If a school or department has questions relating to developing such an agreement, they may discuss with the TTU System Office of General Counsel and/or the TTUHSC Contracting Office.
Additionally, J-1 visa sponsorship may be required (see HSC OP 52.14).
5. Requirements and the Approval Process
a. All International Visitors, except those entering as TTUHSC sponsored J-1 Exchange Visitors, must complete a Consolidated International Visitor Questionnaire (CIVQ) (available at https://www.ttuhsc.edu/compliance/international-employment-services/documents/immigration-questionnaires/civq_112019.pdf) and provide evidence of valid immigration documents prior to beginning any TTUHSC campus activity.
b. The TTUHSC school or department hosting an International Visitor will have the primary responsibility for the following:
1. Facilitating the visit;
2. Serving as the administrative liaison between TTUHSC and the International Visitor during their visit; and
3. Determining the scope of activities, the International Visitor engages in during their time at TTUHSC.
Additionally, excluding International Guests, schools and departments will be responsible for obtaining the following:
1. Proof of personal health insurance and emergency medical evacuation and repatriation of remains insurance for the International Visitor;
2. Proof of adequate immunization records of the International Visitor that conform to current immunization requirements of TTUHSC;
3. Proof of completion of training as may be required by the hosting department or school prior to the International Visitor beginning any TTUHSC activity; and
4. Proof of medical malpractice insurance according to requirements of the hosting department or school if the International Visitor will be participating in patient care.
c. All International Visitors receiving non-employment related payment from TTUHSC must have a completed nonresident alien tax record and supporting documents on file with Payroll & Tax Services prior to the initiation of any activity at TTUHSC.
6. Responsibilities of International Visitors
a. International Visitors shall comply with all Texas Tech Regents’ Rules (http://www.texastech.edu/board-of-regents/regents-rules.php), TTUHSC Operating Policies and Procedures (http://www.ttuhsc.edu/administration/operating-policies/default.aspx), and applicable federal and state laws and regulations that govern their conduct.
b. International Visitors shall not:
1. Violate confidentiality regarding protected health information, student information, research information, proprietary information, or other confidential activities in which they may be involved or that they may possess;
2. Without prior permission of the hosting department or school and as only permitted by the visa status as confirmed by Institutional Compliance, provide treatment or patient care services to patients including, but not limited to, performing medical examinations or procedures, obtaining patient histories, witnessing documents, chaperoning patients, providing translation services, participating in any decision concerning patient care, treatment or management; write orders or notes in patient charts; give verbal health care orders for medical services or tests for patients; or obtain patient consent for health care services;
3. Without prior permission of the hosting department or school and as only permitted by the visa status as confirmed by Institutional Compliance, participate in TTUHSC research projects;
4. Obtain human subjects’ consent unless approved by the TTUHSC Institutional Review Board (IRB);
5. Obligate TTUHSC financially or suggest or imply that they are acting with the authority of TTUHSC;
6. Have access to TTUHSC pagers, voice mail, travel privileges, cell phones, laptop computers or any other electronic devices; or
7. Have any other privileges associated with being a TTUHSC employee.