Sponsorship
Faculty & Staff
Immigration Topics
Page Contents:
At this time, BGSU policy is to sponsor permanent or long-term
employees for employment-based visas and for legal permanent residency on
the basis of
the hiring unit’s commitment to continued employment. For this reason,
BGSU will not routinely sponsor post-doctoral fellows for a green card.
Tenure-track and tenured faculty positions (teaching as well as research),
as well as
continuing specialty occupation staff positions, constitute the vast majority
of BGSU sponsored immigrant visa petitions.
Options
The proper status to use when hiring international faculty and staff
depends, in part, upon the type of position offered. The visa status that
is typically
used for temporary or term-limited positions is F-1 OPT, J-1, H-1b, O-1
or TN (for Canadian citizens only). Temporary or term-limited appointments
should
not carry with them the expectation for BGSU sponsorship for legal permanent
residency and hires in these positions should be informed of policy at
the start of the employment period.
Hiring department/school/units should contact Diane Regan, Center for
International Programs, to discuss visa/status options appropriate
for internationals
offered employment based on their individual circumstances and the
position offered. She may be reached via email here:
phofman@bgsu.edu.
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Types of Appointments:
Temporary Faculty, Researchers or Staff
For individuals hired to fill part-time
or full-time appointments for a limited fixed term (a temporary position),
a non-immigrant status is appropriate.
Temporary appointments for the purpose of visa options would include
positions outside
the tenure system, e.g., post-docs, visiting scholars, visiting researchers,
temporary faculty/staff, and exchange visitors.
Tenured, Tenure-Track,
and Other Continuing Appointments
Immigrant status, the intention to pursue
permanent residency in the U.S., is most appropriate for faculty appointed
to a tenured or tenure-track position.
It’s also appropriate for staff appointed to a continuing appointment
even though staff contracts are annual. Until permanent residency can be
obtained, a process that routinely takes up to five or more years, a foreign
national
employee can work in H-1B status. An approved H-1b petition certifies work
eligibility in three year increments with extensions beyond six years allowed
if adjudication
for legal permanent residency takes longer than that.
The H-1b visa is unique
in that it allows for dual intent for both the H-1B petitioner (BGSU) and
beneficiary (the employee). This means an H-1b employee
has the option of either returning to the home country at the end of six
years or remaining in the U.S. while waiting for legal permanent resident
status.
The H-1b also allows for an international employee to begin the permanent
resident process without jeopardizing work authorization or restricting
travel outside
the U.S.
J-1 Exchange Visitor/Visiting Scholar status is not an appropriate
status for employees in the tenure system or other continuing appointments.
Internationals
appointed to tenured appointments should have permanent resident status (“green
card” holder) at the time of hire.
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Procedure for Recruitment and Hire
For any tenure-track position that could
result in the hire of an international, a national recruitment strategy must
be carried out. Documentation to establish
that the search was national in scope and competitive in nature must be
collected for presentation to the Department of Labor. This would include an
original
print ad, showing title of publication and date, in a national outlet common
to the discipline as well as print-offs of all websites or other electronic
means used to reach applicants. Use of only electronic outlets for recruitment
precludes any possibility of later sponsorship for permanent labor certification
and a green card.
All letters offering positions to international candidates
should include a phrase that “under the regulations of the Immigration
Reform and Control Act of 1986, BGSU must verify your identity and employment
eligibility within
three (3) days of the start of work.”
Upon arrival at BGSU, newly
appointed non-immigrant faculty and staff are to report to the contracting
office to complete the Form I-9. An authorized
BGSU
staff member, representing the employer, is required to verify an international’s
work authorization and identity, and to attest on the I-9 form (Employment
Eligibility Verification), under penalty of perjury, that the information
provided is true. Diane Regan, Center for International Programs, is
available to assist
departments/schools and hiring units in completing the form and examining
the foreign national’s documentation necessary to comply with this
law. She may be reached via email here:
phofman@bgsu.edu.
International hires should be prepared to present their passport,
Arrival-Departure Record (Form I-94), visa, EAD, or any other immigration
documents necessary
to complete the employment verification process.
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