Internal Governing Policies


 

#14.1 - Employment of International Faculty and Professionals


Approved: January 2, 2019

Monitor: President


In order to ensure access to a broad base of potential faculty and professional talent and to foster the diversity of the University community, Eastern Illinois University may assist with the employment of individuals with non-immigrant visas as follows:

Support for an H-1B (Specialty Occupations) Visa

Prior to employment, all non-immigrant candidates must be eligible to work in the U.S.

Upon employment, Eastern Illinois University may assist non-immigrant faculty and professional employees with H-1B visa petitions as required by the U.S. Citizenship and Immigration Services Department (or its successor agency). 

During the H-1B request process, Eastern Illinois University will prepare and submit a Labor Condition Application (LCA) to the Department of Labor.  As required by federal law, the H-1B application must include evidence that the proposed employment qualifies as a specialty occupation, evidence that the non-immigrant has the required degree for the position, and a copy of the employment contract. 

Required documents may be executed and provided to the applicant at the discretion of the Provost/VPAA, or if appropriate controlling VP, but only upon the written recommendation of the employing department chairperson and college dean, or for professional the department leader, and only for full-time employees who hold the appropriate terminal degree.

The Office of Civil Rights (or other such office designated by the President) shall process the institutional paperwork associated with such application.  Renewal of an H-1B shall be handled in the same fashion.

In processing an H-1B, expedited services are only paid by Eastern Illinois University based on its business needs.  Any employees requesting expedited services will be responsible for any additional application costs.

Employment under an H-1B visa is not a guarantee of obtaining permanent residency status nor is the University obligated to assist in obtaining permanent residency status (see below).

Sponsorship for a Permanent Residency Application

Eastern Illinois University may consider formal sponsorship of a currently employed, full-time, tenure-track faculty member or professional employee for permanent residency subject to the following stipulations:

Eligibility

1.  To be considered for EIU's sponsorship for permanent residency, an individual must be in the last year of an H-1B visa eligibility.  Meaning, the individual must be in his/her second H-1B visa term, with one year of eligibility remaining.

2.  Additionally, consistent with paragraph 1, the faculty member or professional employee shall have completed at a minimum of two years and up to five years of full-time employment at Eastern Illinois University.

a.  Any faculty member or professional employee hired prior to September 1, 2018 is grandfathered and, therefore, need only to have completed respectively one semester or one year of employment for EIU's consideration to support a permanent residency application.

3.  The faculty member is recommended for institutional sponsorship by the department chairperson and the dean.  If the chairperson and the dean both recommend such support, the chairperson shall provide a letter to the Provost detailing the processes used in the recruitment and selection of the faculty member as required by the U.S. Citizenship and Immigration Services Department (or its successor agency).

4.  A professional employee is recommended for institutional sponsorship by his/her respective department leader and respective VP.  If the department leader and VP both recommend such support, the department leader shall provide a letter to the President detailing the processes used in the recruitment and selection of the professional employee as required by he U.S. Citizenship and Immigration Services Department (or its successor agency).

The faculty member or professional shall be responsible for the application fees and attorneys' fees after EIU receives a Permanent Residency Labor Certification.  The faculty member or professional employee must retain a private immigration attorney to represent her/him in subsequent actions towards permanent residency.

The Eastern Illinois University Office of Civil Rights (or such other office designated by the President) shall serve as the formal point of contact for the faculty member and professional employee and external counsel on all administrative matters pertaining to Eastern Illinois University's processing of a permanent residency application.

In no case shall EIU sponsorship of a permanent residency application imply or obligate EIU to favorable action on future retention, promotion or tenure applications.

Subject to these stipulations:

With respect to a faculty member - the Provost has the discretion to accept the recommendation of the chairperson and dean and may execute the documents necessary for an applicant’s permanent residency application.

For a professional employee, the VP has the discretion to accept the recommendation of the department leader and may execute the documents necessary for an applicant's permanent residency application.

Should it be deemed appropriate to consider the employment of a non-immigrant in another visa category at the University, the President may approve the necessary procedures for the relevant employing unit.