Faculty and Staff Immigration Assistance Procedure

Foreign employees hired in the "professional occupation" category through a local or regional search are typically not good candidates for labor certification. If a local or regional search was initially conducted for the position, this is an indication that there were qualified workers available in the labor market at the time the foreign employee was hired. "Professional occupation" positions usually require new recruitment for the labor certification phase of the permanent residency process. If there were US workers available at the time of hire there will likely be US workers available at the time of the new recruitment. For this reason, the university would not generally provide assistance or support for professional occupations. An exception will be if a labor market shortage develops or it is determined that the position will be hard-to-fill in the event new recruitment is done. In such an event, the university's general counsel will request documentation from the hiring manager and will evaluate on a case by case basis whether the university will support the permanent residency process.

If a national search was conducted for a professional position, there is a greater likelihood that labor certification will be successful. In such an event, however, the university's general counsel will request documentation from the hiring manager to evaluate whether it will support the permanent residency process, and the procedures described in Section 3 below will apply.

The Office of the General Counsel will serve as the focal point for all permanent residency issues.

Faculty members with classroom teaching duties may file for labor certification within 18 months of their selection date provided a print advertisement was placed in a national professional journal and a valid search was conducted.

The decision to pursue permanent residency in the United States is an individual decision. However, because there are legally mandated deadlines for applying, the university will encourage faculty members to evaluate their options soon after they begin employment with the university.

Again, the decision to apply for permanent residency is entirely an individual decision by each foreign employee. The initiation of the permanent residency process is the responsibility of the foreign employee. However, due to a constantly changing immigration system, strict procedural and eligibility requirements, and the legal complexities associated with immigration, the university recognizes a mutual value in assisting foreign employees through this process. Therefore, the university will provide assistance to foreign employees in certain situations.

a. Once the university receives an approved H-1B Petition, a foreign employee hired through a national search may request in writing to the Office of General Counsel that the university provide legal assistance in helping him or her obtain permanent residency. Due to strict time restrictions regarding the initial search for the position, the foreign employee must submit his or her request for legal assistance within thirty (30) calendar days of being notified of his or her H-1B approval. For faculty members, because the labor certification must be filed within eighteen (18) months of the selection date, it is critical that the process be initiated soon after the commencement of employment with the university.

b. If approved, the university will provide legal assistance as well as any necessary internal support for the foreign employee's permanent residency petition. The Office of the General Councel shall provide an approval letter which lists the scope and limitations of the assistance to be provided.

c. A disapproved request for legal assistance may be appealed to the president of the university within ten (10) working days. There is no appeal beyond this level.

d. Legal assistance will normally take the form of hiring an outside attorney, approved by the general counsel, to process the permanent residency paperwork on behalf of the foreign employee. However, the general counsel may opt to use in-house or alternative resources at his or her discretion. General counsel will communicate directly with outside legal counsel and no decisions regarding the employee's permanent residence application shall be made without the approval of UCM's general counsel.

e. As a condition of the university bearing costs for I-140 Immigration Petitions for Worker and/or I-485 Application to Adjust Status to Permanent Residence the foreign employee shall sign a service agreement indicating he or she will be responsible for reimbursing the university for the aforementioned costs if he or she leaves the university prior to a time specified in the service agreement.

f. Any and all legal fees, filing fees or related expenses for family member(s) will not be paid for by the university; in addition legal costs incurred for personal reasons not required for obtaining permanent residence (i.e. advance parole travel documentation) will not be paid for by the university. The foreign employee shall be responsible for additional costs (such as the required medical exam, photos and credential evaluations, if required).