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H-1B and Permanent Resident Status
H-1B Status:
In its discretion, the University may file a petition with the United States Citizenship and Immigration Services (“USCIS”) for a nonimmigrant to come to the U.S. temporarily to perform services. Typically, the University will file the I-129 petition with the USCIS for H-1B status. Petitions may only be filed on behalf of a nonimmigrant who has accepted an appointment for tenure-track Professor, Associate Professor or Assistant Professor, full-time Lecturer or Instructor or other full-time administrative position at the University. Approval, from the President or Division Vice President, or his/her designee, is required to begin the I-129 petition process.
Based upon eligibility and approval, and as a part of the employment process, the I-129 petition is initiated and processed through the Human Resources Department.
The University will pay the required application fees when filing the I-129 petition, which currently include the base application fee plus the fraud prevention and detection fee. The University may, in its discretion, pay expenses associated with securing a written expert opinion or foreign degree equivalency. USCIS Premium Processing Service fees, attorney’s fees for representation of an employee or an employee’s dependents, or the fees associated with petitions/applications for an employee’s dependents, are not covered by the University. All approved expenses incurred by the University are charged to an employee’s division.
In connection with the filing of the I-129 (H-1B) petition on behalf of an employee, the University will comply with the terms of the Labor Condition Application for the duration of the H-1B employee’s authorized period of stay. If the H-1B employee is dismissed from employment by the University before the end of the period of authorized stay, the University will be liable for the reasonable cost of return transportation of the H-1B employee abroad if the employee provides proof, satisfactory to the University, of an intention to return home for a permanent or indefinite period.
Permanent Resident Status:
In its discretion, the University may sponsor employees (tenure-track faculty and full-time administrative staff) for Permanent Resident status. Sponsorship for Permanent Resident status is based upon the employee completing at least one-year of continuous employment with the University and achievement of a satisfactory level of job performance. Approval, from the President or Division Vice President, or his/her designee, is required to begin the Permanent Resident process.
Based upon eligibility and approval, the process to apply for Permanent Resident status (employment-based) is initiated through the Human Resources Department. The University and the employee will select an immigration attorney, from the University approved list, to represent both the University and the employee throughout the process.
The first step in the process to apply for Permanent Resident status is Labor Certification. The University will cover all expenses associated with the Labor Certification step, including, but not limited to, attorney’s fees and advertising expenses, if applicable. These expenses will be billed directly to the University. All approved expenses incurred by the University are charged to an employee’s division.
All remaining expenses associated with applying for Permanent Resident status will be the responsibility of the employee, including, but not limited to, attorney’s fees and all USCIS petition/application fees. These expenses will be billed directly to the employee.
Other:
- The Human Resources Department should be consulted for all immigration matters relating to new and current employees.
- Exceptions to this policy must be approved by the President or Division Vice President, or his/her designee.
- The University’s sponsorship of an employee for Nonimmigrant or Permanent Resident status does not constitute a guarantee of employment.
- The University reserves the right to modify this policy at any time, based upon, but not limited to, changes in applicable law.
- This version replaces all previous versions and does not apply to cases pending as of the version’s effective date.
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