Employment Immigration Policy
Employment Immigration Policy
Purpose
This policy sets forth the University’s commitment to facilitating the employment of international hires within immigration rules, laws and regulations and applicable federal, state or local laws.
Scope
This policy applies to all University of Dayton employees and prospective faculty and staff seeking the University’s assistance with United States employment authorization.
Policy History
I. Effective Date: May 29, 2019
II. Approval: September 5, 2023
III. Policy History:
- Approved in its original form: May 29, 2019
- Approved as amended: October 3, 2019
- Approved as amended: September 5, 2023
IV. Maintenance of Policy: Vice President and General Counsel, Office of Legal Affairs
Definitions
(a) "Immigration sponsorship" - the financial and procedural support in obtaining either a temporary work visa and/or permanent residency (green card) for an international hire (beneficiary);
(b) "F-1 Visa/OPT" (optional practical training) - nonimmigrant student visa which can provide employment authorization for 1 to 3 years, depending on the specialization;
(c) "J-1 Visa" - a temporary non-immigrant exchange visitor visa which can provide work authorization for up to 5 years, depending on the type of J-1 visa;
(d) "H-1B" - a temporary, non-immigrant worker visa which can provide employment authorization for up to 6 years (or more while waiting a change in status to a Green Card);
(e) "Green Card" - an identification card illustrating that a person from a foreign country can live and work in the U.S. permanently.
Policy
The University of Dayton has a proud tradition of embracing international faculty, staff, and visiting scholars from around the world. Accordingly, all immigration sponsorship must comply with the terms of this Policy and abide by all federal immigration rules and regulations, and federal, state, and local law. The University retains the right to make reasonable decisions regarding immigration sponsorship as it relates to the University’s business needs. In its decision-making, the University cannot guarantee any results. The University, in its sole discretion, may refuse, decline, or discontinue immigration sponsorship for any nondiscriminatory reason(s).
Considerations for Approval
Before immigration sponsorship may be pursued for positions reporting up through the Provost, the hiring department, in consultation with the Office of Legal Affairs (OLA) and the Office of the Provost, determines whether immigration sponsorship will be provided for the particular position. Consideration must be given to whether the position is a long term line within the department’s budget, and the timeframe for when sponsorship and the position would commence is determined on a case-by-case basis in consideration of the discipline and the impact of sponsorship on recruiting the applicant pool. H-1B and green card sponsorship for long-term, tenure track faculty positions is considered on a case by case basis. The University generally does not provide H1-B or green card sponsorship for non-tenure track and temporary faculty positions. A visiting scholar sponsorship may be available through an F-1 or J-1 visa. International Student and Scholar Services in the Global and International Affairs Center oversees and handles, in collaboration with the Provost’s Office and Human Resources, all inquiries regarding F-1 and J-1 visas.
For those positions not reporting up through the Provost, the hiring department and responsible Vice President, in consultation with OLA and the Office of Human Resources, should determine whether immigration sponsorship will be provided for the particular position. Eligibility of the position for sponsorship, including the considerations listed above, must be taken into account before a final determination is made to pursue sponsorship.
The petition will be submitted by the University (for faculty/staff, by Legal Affairs) to the Department of Homeland Security, Citizenship, and Immigration Services (USCIS) to receive approval. Depending on the details of the individual case, including whether the beneficiary has a work authorization document (EAD), they may not be authorized to work until the University receives the appropriate approvals from USCIS.
Process Pathway
Employment authorization petitions, such as H-1B petitions, are typically prepared by counsel for the University (typically outside counsel with the oversight and involvement of OLA). Other employment authorization petitions, including J-1s and F-1s (including Optional Practical Training), are processed by staff members of International Student and Scholar Services in the Global and International Affairs Center. Green cards are outsourced to outside counsel. OLA manages the interface between the external counsel and agencies and internal policies, processes, and procedures.
The hiring department is responsible for the immigration processing fees associated with H-1B and green card applications/petitions, including outside counsel fees for any work performed beyond the customary immigration fees. While the hiring department is responsible for covering the costs of H-1B dependent fees and possible attorneys’ costs, the department is not responsible for covering the costs of green card fees for the beneficiary’s dependents (as those shall be borne by the employee).
Job Posting Considerations
If H-1B sponsorship is to be offered, the minimum job requirements for the position must be a four year degree and specific and consistent with the area of discipline and eventual corresponding job duties. If seeking permanent residency (the green card) is desired, typically there must be a national competitive recruitment and selection process conducted for the position, lasting no less than 30 days.
If sponsorship is not offered, specific language can be included in the job posting indicating that applicants must be authorized to work in the United States on a full-time basis. For such job postings, consideration may not be given to an applicant who indicates a need for sponsorship presently or in the future.
Reference Documents
- The procedures for immigration sponsorship may be found in the “Immigration Procedures” document located at: Immigration Procedures
- Proposal for Personal Pursuit of EB-1 Oustanding Professional or Researcher Green Card
Appendix A
Procedures for Faculty and Staff Recruiting and Hiring Guidelines for International Hires
Any hiring department that seeks to offer immigration sponsorship must adhere to the following procedures:
Important Time Deadline
If an international candidate may potentially be hired for a position, please keep in mind that work authorization steps can take a significant amount of time. To allow for adequate timing, any international candidate's hiring should be completed, which includes a signed accepted letter, no later than March 1st for work commencing August 16th (i.e., at the beginning of a new academic year). This timing allows for the appropriate immigration sponsorship paperwork to be completed promptly following that hiring.
Pre-search Requirement
If it is determined that immigration sponsorship will be supported, a pre-search meeting must be done with the relevant parties and offices to appropriately review and satisfy the necessary regulatory and University pre-requisites for immigration sponsorship. The appropriate offices to include in any review and/or pre-search meeting depend on whether it is a faculty or staff position.
Interview Phase Requirements
Hiring departments may ask applicants to disclose their employment eligibility to determine if the applicant satisfies the immigration requirements. Questions asking whether they are eligible to work in the United States, and most importantly, for how long, are the only questions permitted with respect to immigration status.
Recommendation-for-hire Phase
If the hiring department’s employment recommendation is an international candidate, the department must notify the appropriate offices, OLA and the Office of the Provost and/or the Office of Human Resources (depending on whether faculty or staff position), to discuss next steps. OLA can only begin to assist once it has received all of the appropriate approvals by the relevant parties.
Contingent Hire Phase
For faculty hires, the hiring letter must be approved by the Dean and Associate Provost for Faculty and Administrative Affairs or the Director of Faculty Processes and Hiring. For staff hires, the hiring letter must be approved by the Office for Human Resources. The hiring letter must indicate that employment is contingent upon successful results of a background check and securing eligibility to work in the United States. All communication between the candidate and the University must be directed through the hiring department.
Post-Acceptance Phase
When the international candidate accepts the position, the acceptance letter should be sent to the department chair and forwarded to the Office of the Provost for faculty hires or the Office for Human Resources for staff hires. Once the offer has been accepted, the department chair can specifically ask about the status of the employee and consult with OLA concerning next steps. If sponsorship is needed for faculty, approval must be granted by the division dean and Provost.
Appendix B
Process for Personal Pursuit of EB-1 Oustanding Professional or Researcher Green Card
The University of Dayton does not typically consider additional permanent residency sponsorship options once a permanent residency strategy has been determined and I-140 approval obtained. In an effort to relieve anxiety and shorten the process for certain foreign nationals subject to the Green Card backlogs, this practice is amended as explained below.
UD generally sponsors foreign national faculty for Green Cards in the EB-2 classification. Obtaining permanent residency for foreign nationals subject to the Green Card backlogs in the EB-2 category (historically Indian and Chinese nationals) can take more than 12 years. Henceforth, UD will permit the pursuit of an additional EB-1 Outstanding Professor or Researcher Green Card sponsorship by the beneficiary in coordination with our specified legal counsel, in accordance with the following parameters.
The EB-1 Outstanding Professor or Researcher Green Card category is an employer-based petition; therefore, UD will retain final authority with respect to all strategy decisions and will retain a client relationship with legal counsel. Additionally, UD will retain the right to end the EB-1 Outstanding Professor or Researcher sponsorship process at any time, including by withdrawing a pending or approved petition when appropriate.
A beneficiary for whom an I-140 approval has been obtained in a category other than EB-1 can request a review of their portfolio. Upon agreement by UD that an EB-1 Outstanding Professor or Researcher sponsorship is a viable immigration strategy, UD will facilitate communication with UD’s immigration counsel. The beneficiary will be responsible for paying the associated fees for the EB-1 Outstanding Professor or Researcher sponsorship, including legal fees, filing fees, and administrative fees.
The process is as follows:
a. UD would still pursue the most appropriate permanent residency strategy at the time of hire. This is usually the EB-2 category. If a new faculty member has an extraordinary portfolio, UD will consider an EB-1 strategy at the time of hire, but a new faculty member rarely qualifies.
b. After a period of three years following I-140 approval in a different Green Card category or upon obtaining tenure, the beneficiary may request counsel to review their portfolio for likelihood of success of an EB-1 petition. The waiting period is required because there are specific and fairly stringent requirements to satisfy the EB-1 regulations. Recent Ph.D. graduates typically need multiple years to gather experience and expertise to satisfy these requirements.
c. Upon favorable review, the beneficiary would work directly with UD’s immigration counsel in pursuit of an EB-1 Outstanding Professor or Researcher strategy. UD and the beneficiary will engage with UD’s choice of immigration counsel on a dual representation basis.
All legal, filing, and administrative fees related to the EB-1 process will be paid for by the beneficiary.
UD reserves the right to end the EB-1 Outstanding Professor or Researcher sponsorship process, including by withdrawing a pending or approved petition when appropriate, upon employment termination.
These protocols do not restrict a beneficiary’s ability to self-petition for a Green Card through any other available avenue.