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Immigration Petitions and Use of Outside Counsel for International Faculty, Academic, and Professional Staff

Policy
Purpose: 

To define policies for University-sponsored immigration petitions and ensure compliance with all federal immigration and employment requirements.

Applies to: 

Prospective employees requiring University-sponsored immigration petitions and their employing departments.

Campus: 
Lawrence
Edwards
Policy Statement: 

Overview
To ensure compliance with all federal immigration and employment requirements, the University of Kansas has established the following policy for University-sponsored immigration petitions. This policy identifies those petitions that will be handled by International Programs (IP) and other circumstances when outside attorneys may be engaged. Inquiries should be directed to the Office of International Programs. Additional information and procedures can be found at: http://visa.ku.edu/.

Immigration Petitions for Initial or Temporary Status
International academic and/or staff appointments (permanent and non-permanent) require the visa/immigration services of the Office of International Programs (IP) prior to the offer of employment at KU. Petitions for non-immigrant (temporary) employment (H-1B, TN, O-1, J-1) are prepared by IP and not referred to outside counsel.

Immigration Petitions for Permanent Residency (Green Card) Status
International employees without U.S. citizenship or lawful permanent residency (PR) status and their KU departments must work with IP to complete employment-based routes to permanent residency (a “green card”). Positions must meet the minimum requirements as defined by the University.  

Self-Petitioned Immigration Applications for Permanent Residency Status
The University will not become involved with immigration applications for non-employment-related self-petitions, even if the applicant is a KU employee. Because National Interest Waivers and Aliens of Extraordinary Ability applications are not employment-based, the University will not sponsor these types of petitions.  Individuals who require or prefer to use outside assistance with self-petitions should consult an attorney.

Permanent Residency via Special Handling Labor Certifications for Teaching Positions (EB-2)
The Office of International Programs will handle all the employer-based steps toward permanent residency via Special Handling Labor Certification for teaching positions that meet the Department of Labor’s eligibility criteria. Contact the Office of International Programs for assistance in identifying the appropriate route to take toward establishing permanent residency.

Permanent Residency via Outstanding Researcher/Professor, EB-1(B)
Outstanding Researcher/Professor cases will be reviewed and processed by the Office of International Programs.

Permanent Residency via Standard Labor Certifications (EB-2 & EB-3)
Employing departments that wish to consider permanent residency sponsorship may contact IP for advice on the suitability or potential feasibility of pursuing a Standard Labor Certification for international employees not eligible for permanent residency via other options above. All Standard Labor Certification cases will be processed through University approved immigration counsel. Prior approval from the Office of International Programs is required to pursue a Standard Labor Certification.​

Exclusions or Special Circumstances: 

An employing unit may pay for personal, non-employment-based applications or Special Handling Labor Certifications only with written permission of the reporting Dean or University Research Center Director indicating that the petition is in the best interests of the University of Kansas. The employee is responsible for any personal tax liabilities associated with such support. 

Contact: 

Charles Bankart, Assistant Vice Provost
cbankart@ku.edu
785-864-6161
Strong Hall, Room 300

International Programs
oip@ku.edu
785-864-6161

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Friday, March 17, 2006
Effective on: 
Friday, March 17, 2006
Review Cycle: 
Annual (As Needed)
Definitions: 

Hiring Unit:  The hiring unit is the office responsible for moving immigration processes forward for an international employee.  The hiring unit works with the Office of International Programs to ensure compliance with federal, State, and University policies.

International Programs (IP): Provides services related to temporary (non-immigrant) visa petitions for international scholars and employees, including the advising for J-1 visiting professors and researchers, as well as H-1B, O-1, and TN advising for University employees.  Services related to University-sponsored permanent immigration cases and centralized retention of federally mandated documentation for Labor Certification petitions are also provided by IP.

Office of International Student Services (ISS): Provides services related to temporary (non-immigrant) visa petitions for international students. These services include F-1 and J-1 student advising, and CPT, OPT, and OPT-STEM Extension related employment services.

Office of the General Counsel:  Advises and must concur with all decisions by an employing unit concerning the use of outside counsel for institutional matters relating to employment-based permanent residency applications.

Human Resources: Upon gaining approval from IP to proceed with the steps toward obtaining permanent residency status, the employing department will work with Human Resources to ensure that all necessary measures have been taken to comply with KU, state, and federal recruitment procedures.  IP will refer hiring units directly to Human Resources if additional recruitment efforts are required. The Human Resources office is also responsible for professional position classification and for determining whether or not a position is considered temporary by KU.

Office of the Provost and Executive Vice Chancellor: This office is responsible for position classification for academic appointees and for determining whether or not KU considers such positions temporary.

Keywords: 
Permanent residency, immigration, H-1B, TN, J-1, EB-1(B), green card, international researcher, international faculty, international staff
Review, Approval & Change History: 

09/19/2016: Updated broken link.

09/15/2016: Updated policy with new petition categories and transferred procedures to International Programs website.

12/10/2014: Policy formatting cleanup (e.g., bolding, spacing).

10/29/2014: Fixed broken anchor link to KU Offices Involved with Institutionally Supported Immigration Petitions.

07/10/2014: Technical edits - selected 'Lawrence' for required Campus field; updated formatting; added hyperlinks to Contents; updated broken links; updated references to 'Vice Chancellor for Research' to reflect accurate title.

04/27/2009: Reviewed; updated details of Applies To section and made editorial changes only.

09/25/2008: Revised.

08/16/2007: Revised.

05/17/2006: Adopted.

Personnel: Faculty/Academic Staff Categories: 
Benefits
Hiring
Promotion & Tenure
Recruitment
Workplace Rules & Guidelines
Personnel: Staff Categories: 
Benefits
Hiring
Promotion & Tenure
Recruitment
Workplace Rules & Guidelines

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