Visa Sponsorship Policy

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VISA SPONSORSHIP POLICY

Contents
Introduction
Position Levels and Eligibility
Payment of Filing and Legal Fees
Attorney Involvement
Filing and Legal Fees Associated with Dependent Visas Status or Immigration Paperwork for Family Members
Definitions and Processes

Introduction

St. Lawrence University (“University”) is committed to multicultural diversity in our faculty, staff, student body, and curriculum.  We are proud to be the academic destination of several hundred international students, faculty, and staff. The objective of this policy is to explain when and to what extent the University will provide non-immigrant and immigrant visa support to its employees.    

Position Levels and Eligibility

1. Tenure-Track Faculty and Staff Hires at or Above the Director or Head Coach Level

The University sponsors tenure-track faculty, instructors of practice, and staff (at or above the director or head coach level) hires in obtaining work visas (TN, J-1, H-1B) and Application for Permanent Employment Certification (“PERM Application”).

  1. Visiting Faculty

The University normally sponsors visiting faculty hires in obtaining ONLY TN and J visas.  In cases where it is deemed necessary by the relevant academic supervisor(s) and the Vice President of the University and Dean of the Faculty, the University may sponsor an H-1B visa for a visiting faculty hire.

  1. Staff Hires Below the Director or Head Coach Level

The University normally sponsors staff hires below the director or head coach level in obtaining ONLY TN and J visas where applicable (as some positions are not eligible for these types of work visas). In cases where it is deemed necessary by the relevant administrative supervisor(s) and the Vice President of the University for that administrative division, the University may sponsor an H-1B visa for a staff hire.

Payment of Filing and Legal Fees

  1. Fees Paid by the University

The University will pay all legal and filing fees associated with obtaining J, TN, and H1B visas for eligible employees.

The University will pay all legal fees and recruitment fees associated with the filing of the PERM Application for tenure-track faculty and staff hires at or above the director or head coach level.

  1. Fees Paid by the Employee

Employees will pay all legal and filing fees associated with the following petitions/applications (if applicable):

  • Filing of the I-140 Immigrant Petition
  • Filing of the I-485 Adjustment of Status or I-824 Consular Processing for an Immigrant Visa
  • Filing of I-765 Application for Employment Authorization Document
  • Filing of the I-131 Application for Advance Parole Document

Employees must pay to the University the full amount of the filing and legal fees before any of the Petitions/Applications listed above are filed by the University with the USCIS or other appropriate government agency. In some cases, the University may arrange for a low-interest loan and promissory note to assist employees in covering the cost of immigration work.  For information, contact the Human Resources (“HR”) or Business Offices. *

C. Payment of Fees for Premium Processing Service

Certain filings (for example, H-1B Petitions) are eligible for premium processing service.  Where premium processing is used, the USCIS will either adjudicate the case or issue a request for evidence within 15 calendar days of receiving the case. If the premium processing is necessary for an employee to commence and/or continue their job duties, the University will cover the cost of premium processing.   In cases where premium processing is desired for other reasons (such as vacation, visiting family and friends, or other personal reasons), employees will be responsible for the payment of the premium processing fee.

Attorney Involvement

  1. Attorneys use by the University

The University uses an immigration attorney to assist with obtaining appropriate work authorization for its non-U.S. citizen employees. The University’s attorney must prepare H-1B and TN visa filings, PERM Applications, and I-140 Petitions based on approved PERM Application.  Due to the nature of the attorney-client relationship, the employees may contact the attorney working for the University only through HR. 

B. Attorneys Engaged by Employees

Employees may engage their own immigration attorney. The employee’s attorney may prepare I-485/I-131/I-765 paperwork or any other paperwork that does not require University sponsorship (for example, NIW or EB-1A cases). However, I-485/I-131/I-765 paperwork that is prepared by an attorney engaged by the employee must be reviewed by the University’s immigration attorney before the documents can be filed with the USCIS or other appropriate government agency.  The University will cover the cost of this required review.

Filing and Legal Fees Associated with Dependent Visas for Family Members

If an employee elects not to engage their own immigration attorney, the University will process dependent visa status and/or immigration paperwork for an employee’s family members using the attorney engaged by the University.  Due to the nature of the attorney-client relationship, the employee may contact the attorney working for the University only through HR.  Before any Petitions/Applications are filed by the University with the USCIS or other appropriate government agency, the employee must pay to the University the full amount of the filing and legal fees associated with obtaining dependent visa status and/or the filing of immigration paperwork on behalf of their family members. In some cases, the University may arrange for a low-interest loan and promissory note to assist employees in covering the cost of immigration work.  For information, contact the Human Resources (“HR”) or Business Offices. *

 Definitions and Processes

What is a Visa?

A U.S. nonimmigrant visa is issued by a U.S. Embassy or Consulate. A visa gives you permission to apply for entry to the U.S. for a temporary period of time.  There are many different classifications of nonimmigrant visas – some allow a visitor to study or work while others do not.  If you are entering the U.S. to work, then you might be seeking a J-1, H-1B or TN visa status.

Contact HR to review your specific circumstances (country of citizenship, work plans, University policy regarding visa sponsorship, and timing).  With HR, determine which visa status is most appropriate for your anticipated stay in the U.S.  Once you've determined what visa category is most appropriate, HR will provide you with a list of documents needed to process your visa paperwork.   HR will review your documents and contact you if anything is missing or more information is needed.

The University supports the following work visas:

TN is a temporary work visa available to citizens of Canada and Mexico who seek employment in the U.S. in one of the occupations listed on NAFTA professional occupations list. A foreign worker with a TN visa can stay in the U.S. for a maximum of three years.  TN visa, however, can be renewed indefinitely.  Canadian citizens can process for their TN status at the border.  Mexican nationals must apply for their TN visa at the US consulate (or via change of status with USCIS, if applicable).  TN visas are coordinated through the HR office and with the assistance of the University’s immigration attorney.

J visas are offered to students, professors, and research scholars and are part of an exchange visitor program to promote cultural exchange. J visas require support from the department chair.  The Center for International Student Services coordinates J Visa applications.  Details are available at https://www.stlawu.edu/international-student-services/information-exchange-scholars

H1B is a temporary  non-immigrant visa available to individuals employed in a specialty occupation.  A “specialty occupation” is defined as an occupation requiring a minimum of a bachelor’s degree in a specific specialty.  A foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances). The H-1B visa is initially valid for three years and can then be extended for another three years. H1B visas are coordinated through the HR office and with the assistance of the University’s attorney.  Generally, a lead time of at least six months before employment start date or end of prior employment authorization is required. *

Permanent Resident (green card) allows individuals to live and work in the U.S. indefinitely.  Obtaining permanent residency in the U.S., typically consists of three steps:[1]

(1) obtaining certification of the Application for Permanent Employment Certification (“PERM Application”) from the Department of Labor (“DOL”);

(2) filing of an I-140 Immigrant Petition; and

(3) filing of an I-485 Application to Adjust Status or processing for an immigrant visa abroad. 

Step 1 – Filing of the PERM Application

Permanent Residency Process has several steps and may begin at the start of employment for eligible employees.  The first step is the filing of the PERM Application.  If the PERM Application is for a teaching position, the University can file a PERM Application on behalf of a foreign national only if the University has conducted recruitment mandated by the DOL and can attest that the foreign national was the “best qualified” candidate for the position. If the PERM Application is for a non-teaching position, the University can file a PERM Application on behalf of a foreign national only if the University has conducted recruitment mandated by the DOL and can attest that the foreign national is the only “minimally qualified” candidate available to fill the position.  Before filing a PERM Application, the University also has to post the Notice of Filing and apply for a prevailing wage determination.

Step 2- Filing of I-140 (Immigrant Petition for Alien Workers)

The second step in the process, once the PERM Application has been certified by the DOL, is the filing of an immigrant petition.  The immigrant petition is filed with the USCIS and, to be approved, must establish that the foreign national qualifies for the position as described in the PERM Application.  Educational credentials and letters confirming previous experience must be presented as supporting evidence of the petition. 

Step 3 - Filing of I-485 (Application for Permanent Residence)

The final step in the process is the formal application for permanent residence.  Please note that visa numbers must be current for the nationality and employment-based category before the permanent residence application can be filed. (Currently individuals born in China and India are experiencing very long wait times).  Assuming visa numbers are current, the application can be filed either with the U.S. consulate in the foreign national’s home country or, if the foreign national is in the U.S. in lawful status pursuant to a current H-1B visa, the application may be filed with the USCIS. 

In this third step, the principal focus of the review is on the individual foreign national employee and his/her family.  There is an extensive criminal background check, a review of the individual’s activities during the past five years, and a required medical examination.  If the application is approved, the foreign national is granted a permanent residence status.

*There may be a request for evidence in these processes which would extend the timing for approvals. 

Policy Sponsor:  Salary and Benefits Committee
Policy Administrator:  Human Resources
Revision Date: Final Draft 1.25.2024

 

[1] There are limited circumstances where the filing of the PERM Application is not required (for example, if the individual qualifies as an alien of extraordinary ability, outstanding professor or researcher, or an alien applying for a national waiver).  The vast majority of cases processed by the University, however, require a filing of the PERM Application.