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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:  May 29, 2019

III.  Policy History:

  • Approved in its original form: May 29, 2019

IV.  Maintenance of Policy:  Office of Compliance and Affirmative Action/Office of Legal 

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;

(c)  “J-1 Visa” -  a temporary non-immigrant exchange visitor visa which can provide work authorization for typically 18 months;

(d)  H-1B –a temporary, non-immigrant worker visa which can provide employment authorization for up to 6 years; and

(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 immigration rules and regulations, 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).

Process 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 base budgeted line within the department’s budget, and the timeframe of when sponsorship and the position would commence on a case-by-case basis. Typically, for base budgeted faculty positions, H1-B and green card sponsorship is available. For temporary faculty positions, the University generally does not provide H1-B or green card sponsorship, but a visiting scholar sponsorship may be available through an F-1 or J-1 visa.  International Student and Scholar Services in the Center for International Programs oversees and handles 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, the beneficiary 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 processed by 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 Center for International Programs. 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 department is responsible for covering the costs of H-1B dependent fees and possible attorneys’ costs, the University department is not responsible for covering the costs of green card fees for the beneficiary’s dependents (as those should 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

  1. The procedures for immigration sponsorship may be found in the “Immigration Procedures” document located at:  Immigration Procedures  [https://udayton.edu/legalaffairs/international-hires.php].

Appendix A

 

Any hiring department that seeks to offer immigration sponsorship must adhere to the following procedures:

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. 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.

CONTACT

For questions relating to the University policies of Legal Affairs, please contact:


Office of Legal Affairs
937-229-4333
Email