Purpose

To provide guidance when considering sponsoring an employee for a permanent resident visa status.

Workers Fairness Act. This policy and the associated procedures are established to provide a means to address complaints of discrimination or harassment based on the protected classifications described herein.

Scope

University faculty and staff positions as authorized by individual hiring units

Authority

Illinois International and International Student and Scholar Services

Background

The University of Illinois Urbana-Champaign (Illinois) values the hiring of international employees as part of our talent strategy. The ability to sponsor international employees for permanent residency can be an important opportunity, especially when in alignment with unit goals and strategy.

Policy

Illinois retains the right to make decisions about sponsorship for permanent residency on behalf of its employees or potential employees. Individual hiring units will consult with the Office of International Student and Scholar Services on all immigration and permanent residency matters, including, but not limited to those based on the permanent labor certification application process.

Legal Permanent Residence Application Criteria

Individual departments wishing to initiate a request for Lawful Permanent Resident (LPR) status should only start this process in the following circumstances, when all five conditions have been met.

1. All information regarding the proposed LPR type has been received from International Student and Scholar Services (ISSS) and understood.
2. The employing department is willing to commit to the entire process, which can be lengthy.
3. Frivolous or failed petitions can have a negative impact on future university applications. Therefore, the application should only be filed it has a strong likelihood of succeeding.
4. While the process can be started before an individual has begun employment, this is not recommended as the department could lose all associated fees should the individual choose not to join the university.
5. The position is full-time and permanent, meaning tenure-track faculty positions, tenured positions, or academic professional positions such as administrative and long-term research positions. If a position is not tenured or tenure-track, department must expect to have funding for five years. Postdoctoral research associates and visiting or acting positions are ineligible for LPR sponsorship.
6. Adequate funding exists for the position.
7. The individual plans to remain in the position indefinitely.

If an individual has already begun the legal permanent resident process with another institution and wishes to transfer to the University of Illinois Urbana-Champaign, this may be possible if they meet the portability requirements. International Student and Scholar Services (ISSS) is the sole authority for the final submission of employment-based immigrant petitions, and any other employment-based petitions on behalf of the University of Illinois Urbana-Champaign. Any employment-based petition submitted without the signature of a designated representative of ISSS may result in a request by the university to the government for official withdrawal of the petition.

No university departments or individuals should promise current or prospective employees that the university will obtain permanent residence on their behalf. The decision to file such an application must be made by the appropriate department or unit with hiring authority. The decision to grant permanent residence must be made at the United States Citizenship and Immigration Service. Permanent residency should not be promised as a benefit for employment.

All costs associated with filing of the employer-based immigrant petition (I-140) will be paid by the sponsoring department. Under no circumstances should the international employee be asked to reimburse the sponsoring department.

The employee must file the necessary documents for adjustment of status (I-485) or consular processing at their own expense. The employee can elect to hire an attorney to assist with this process, and this attorney can be the same one used by the university, but under no circumstances should the department reimburse the beneficiary for any I-485 filing fees or associated costs, including attorney fees.

Illinois is not responsible for the immigration needs of international dependents, which are the sole responsibility of the employee. Illinois does not cover any costs and fees associated with the filing of applications for dependent family members including, but not limited to, H-4 applications, extensions, and Form I-485 Applications to Adjust Status. Additionally, Illinois does not track expiration dates or status of dependent family members.

Exceptions

Noted within the eligibility section of the policy

Resources

ISSS Categories & Procedures

Contact

Illinois International, International Student and Scholar Services isss@illinois.edu, (217) 333-1303