25-P-003 Employing Foreign Nationals

Please note that this circular replaces circular 24-P-013. 

A visa is a document that permits a person to enter another country for a specific length of time and purpose.  There are dozens of types of visas issued for foreign nationals allowing entry into the United States, but only a couple of types allow for employment.  Additionally, some employees can hold other non-visa work authorization documents.  In order for State of Kansas to verify an employee has proper authorization to work, as part of the hiring process, the employee must present their visa or work authorization documents and the agency must enter information from those into the HR/payroll system. 

The following steps must be completed when hiring an employee who is working for your agency on a visa or other work authorization.

1. Agency hires employee on a Visa/Work Authorization
2. Employee is setup as subject to FICA in SHARP
3. Employee visa/work authorization data is added to SHARP, even if expired (Refer to the bottom of circular for details.)
4. Agency will email DOA_Payroll@ks.gov with the following information:
   1. Subject Line:  VISA Taxation Verification Needed
   2. Employee Name
   3. Employee Email Address
   4. Employee ID
5. Office of Accounts and Reports Payroll Processing Team will reply with next steps on how to verify the employee taxation

Only after the verification is completed and it has been determined that the employee is not subject to FICA, should the agency update the employee’s FICA status to Exempt.  If an employee has had FICA withheld on a paycheck(s) and has been determined to be exempt, the amount withheld will be refunded.  The agency should submit a Payroll Adjustment Request, Form DA-180, to initiate the refund.

If your agency has foreign employees currently working where the visa/work authorization information has not been entered into SHARP, it is essential that the information is entered as soon as possible so the verification process can be completed even if the employee has been working for a long period of time. 

For employees who are currently in SHARP as FICA Exempt, we will be working to ensure that their taxes are correct in SHARP.  Your agency will be receiving communication from our office concerning those employees.

Adding Visa/Work Authorization Information in SHARP

Agencies are required to utilize the Visa/Permit page in SHARP.  A job aid entitled Visa Setup has been created and placed on the OAR Website to assist agencies:

https://admin.ks.gov/offices/accounts-reports/state-agencies/payroll/payroll-procedures-job-aids

Within the Payroll Procedures/Job Aids listing, the job aid is located under the Out of State folder.

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