10. Do you have a written policy?
Responses
- Procedures for Visa Sponsorship for Faculty positions Visa sponsorship shall be considered for full-time tenure track faculty on a case by case basis, which will require the approval of the Senior Staff. The university will not sponsor non-tenure track faculty, staff or administrators. In advance of any employment negotiations that would lead to an offer for employment: ? The hiring dean shall forward a request for approval of sponsorship to the provost. This request will include the following information: o The academic rank of the position o The budgeted salary for the position o The anticipated date of hire o An explanation stating the composition of the applicant pool for the tenure track position and details why other candidates not needing a visa are unsuitable ? If the provost does not support the sponsorship he will advise the dean ? If the provost supports the sponsorship, he will write a cover letter indicating his support and distribute the cover letter along with the request for approval to the hiring dean to all members of senior staff for discussion at the next senior staff meeting [or to the president?s office for distribution with the agenda for the next senior staff meeting] ? The president will consider the request and grant approval on a case by case basis. No approvals shall be considered to set precedent for future decisions. Factors considered by president shall be: needs of the department, unique qualifications of the candidate, composition of the pool, budget, and any other issues impacting the institution. ? Once sponsorship is approved by senior staff, the university will secure immigration counsel to make application for the sponsorship of the employee. The hiring department shall pay all attorney?s fees related to the sponsorship application. ? The provost?s office will coordinate with the immigration counsel to produce the required public access file, post notices and coordinate any related record-keeping or compliance requirements. ? Only those employees having valid visas and social security cards by their first day of work will be put on payroll. Employees without the required documentation will NOT be allowed to begin work. Appropriate planning by the department is required to ensure the employee will have the necessary documentation to begin work.
- Policy is posted internally only.
- We're going to have one within the year, however!
- Only policy is that we do not re-advertise for faculty positions if Special Handling Requirements aren't met in initial petition. If we miss the boat on EB-2 Special Handling, the new faculty must build their EB-1 Outstanding Case.
- The international office only handles Permanent Residency applications for tenure-track teaching faculty. Persons in other positions may qualify and apply for Permanent Residence with the help of a private attorney. The Office of General Counsel handles the clearance of the position and the lawyer in such cases. Please see the attached policy and procedure from OGC. You or your department head can work with OGC attorney on these matters. IMMIGRATION PROCESS INFORMATION SHEET For questions regarding the process described here, please contact the Office of the General Counsel (OGC). For questions regarding criteria for visas or other immigration processes please contact the international office for more information. The international office at the University is a counseling resource for departments and individuals regarding visa submissions and provides a variety of employment based services, including USPR petitions for tenure-track faculty. Employees in other long-term positions (including research faculty) can discuss with their department head the possibility of applying for Permanent Residency with the help of a private attorney. USING OUTSIDE COUNSEL Departments and employees occasionally need or wish to use outside attorneys to prepare and file employment based petitions. Employees and departments using outside attorneys for permanent residence applications are required to follow these steps: University employees, who are foreign nationals, are often interested in using their university employment as the basis for an application to the U.S. Citizenship & Immigration Services for legal permanent residence, or a ?green card.? The Int'l Office and the Office of the General Counsel (OGC) have developed criteria for deciding which university positions are appropriate for permanent residence applications. 1. The employment must be long-term, indefinite in duration. The department must be able to commit to at least 3 years of funding. 2. The position must be non-training in nature. Training positions (e.g., postdoctoral associates, medical residents, student employment) are by definition temporary, and unsuitable for permanent residence applications. Where a department desires to assist or sponsor a foreign national in obtaining permanent residence, and an outside attorney will be retained, the department must write a brief letter, memo or e-mail to the OGC and copied to the employee clarifying that the position meets the above criteria. [N.B.: Effective July 16, 2007, federal regulation requires that employers (i.e., the University) pay for all legal fees and costs associated with labor certifications connected with permanent resident applications. This regulation applies only to the labor certification portion of the permanent residence application, including search costs. These labor certification fees may not be reclaimed from the employee/beneficiary.]
- Not listed on our website.
- Not at the moment! We are between provosts and are revising our written policy.
- Not yet public.
- We only post very general information, since our cases vary so much. We've got every fact pattern you can imagine, except medical/dental/vet.
- The University sponsors employment-based permanent residence for full-time faculty or researchers who have been employed for a minimum of six months. Temporary positions, such as post-doctoral researchers, are not eligible for permanent resident status because of their temporary nature. Each petition must have the full support of the employing department and the approval of the department chair. Additionally, the position must be a permanent position. Permanent positions are defined as those in tenure or a tenure-track stream, or a permanent research position (i.e. long-term and indefinite).
- current policy under review for updates
- Specifies position must be permanent in nature.
- As you may be able to tell, our policy is really based on what departments want. We sponsor all tenure-track faculty. Beyond that, it's up to departments to decide if they want to sponsor someone. If they do, they contact our in-house counsel to discuss options. Often employees come to our office for initial advising on the types of PR and we explain the dept-sponsored vs. self-sponsored vs. dept-pays but self-sponsored options. Then the employee goes back to dept and dept contacts Legal Affairs if they wish to proceed.
- We give basic, limited information on our website, and then when we are contacted, we have very detailed information, instructions and forms that we have for the dept. We want them to contact us at the beginning, so we don't give too much on our website.
- See above we have been trying to get policy passed for two years.
- policy remains in draft form