University Sponsored Immigration Petitions

Policy

Purpose:

To provide guidance to University units, supervisors, and current or prospective employees regarding University sponsored immigration petitions.

Applies to:

All University departments employing non-U.S. citizens or permanent residents requiring immigration support for employment eligibility.

Campus:

Edwards

Lawrence

Juniper Gardens

Parsons

Yoder

Topeka

Policy Statement:

The University of Kansas supports units with the preparation and filing of specific immigration petitions. This policy defines the types of immigration cases the University provides services for through Human Resource Management (HRM) and the responsibilities/obligations of the University, hiring/employing unit, current or prospective employee, and supervisor.

HRM is the University authority to determine if a petition is prepared by its designated outside immigration counsel based on the complexity of the case and available internal resources. Only HRM and/or its University designated outside immigration counsel may file immigration petitions on behalf of KU.

Chancellor-designated employees within HRM hold signature authority for all KU sponsored immigration petitions. All relevant forms for employment-based cases are required to be reviewed and signed by HRM. The outcome of any immigration petition cannot and will not be guaranteed by the University, HRM, hiring/employing unit, or the supervisor. All decisions regarding a petition are rendered by the federal government and its assigned agencies. In some cases, HRM may resubmit a petition if circumstances warrant; however, all filing fees and timeline requirements apply.

Noted below are the types of cases the University and HRM may support.

KU Sponsored Petitions for Employment-Based Non-Immigrant Status (H-1B, TN, O-1, E-3)

The University of Kansas does not limit sponsorship to certain employment classifications as long as the position requires a minimum of a bachelor’s degree in a specialized field of study and the case is able to meet all other governmental criteria. Hiring/employing units should contact HRM for determining eligibility for immigration sponsorship at the point of verbal offer. In such instances, a verbal offer will be contingent upon a successful immigration petition, and this contingency must be communicated to the candidate. HRM will prepare and file immigration petitions on behalf of the University. The hiring/employing unit will be responsible for all case preparation and government filing fees, unless the School covers these fees on behalf of the unit. If HRM refers a case to KU’s designated outside immigration counsel for preparation and filing, the employing/hiring unit is responsible for all attorney and government filing fees.

KU Sponsored Petitions for Employment-Based Permanent Residency (Green Card) Status

The University of Kansas does not limit permanent residency sponsorship to certain employment classifications as long as the international employee and the position can meet the relevant governmental eligibility requirements. However, hiring/employing schools or units may limit who or what categories of applications they will sponsor. The hiring/employing unit will be responsible for all case preparation and government filing fees for cases prepared by HRM. If HRM refers a case to KU’s designated outside immigration counsel the employing/hiring unit will be responsible for all required attorney and government filing fees. KU provides sponsorship for the following types of employment-based permanent residency:

EB-2 Special Handling Labor Certification: For positions with teaching duties, HRM will prepare and file the Labor Certification and I-140.
EB-2 & EB-3 Standard Labor Certification: For positions with no teaching duties, HRM will review the case and refer to designated outside immigration counsel to prepare and file the Labor Certification and I-140.
EB-1B Outstanding Researcher or Professor: For individuals whose teaching and research credentials qualify them, cases may be prepared by HRM or referred to designated outside immigration counsel to prepare and file the I-140.

Self-Petitioned Applications for Permanent Residency (Green Card) Status

National Interest Waiver and Extraordinary Ability applications are self-petitioned, not-employer sponsored cases; therefore, the University will not prepare or file these types of petitions. Individuals who are interested in pursuing a self-petitioned permanent residency case should consult with a qualified immigration attorney of their choosing. If a KU employee is asked to write a letter in support of an international employee’s personal permanent residency application, they may do so in their capacity as an expert in their field of work/research.

Exclusions or Special Circumstances:

KU’s designated outside immigration counsel is determined by the Office of the General Counsel and is engaged through KU Purchasing under a contractual services agreement. Employees are not able to select an immigration attorney or firm for a University sponsored immigration case.

Required documentation, paperwork filing, and related fees are non-negotiable.

F-1 and J-1 sponsorships are managed by International Support Services (ISS). ISS coordinates with HRM and the University payroll office on related employment matters.

HRM does not control documentation requirements, deadlines, fees, or wages used by the federal government for University sponsored immigration petitions. Eligibility for immigration sponsorship may be subject to the individual’s immigration circumstances and is not guaranteed. Fulfillment or waiver of home residency requirements may be applicable prior to engaging with the University as an employee.

Immigration status does not preclude a current or prospective employee from completing and complying with all University employment requirements, policies, etc.

Personal application cases filed by the employee that are not employer based, are the financial responsibility of the employee. Any personal immigration petition that the university provides support for will be considered a taxable benefit to the employee.

Contact:

Human Resource Management
103 Carruth-O’Leary Hall
1246 W. Campus Road
Lawrence, KS 66045
785-864-4946
hrdept@ku.edu

Approved by:

Chief Human Resource Officer

Approved on:

Wednesday, July 19, 2023

Effective on:

Wednesday, July 19, 2023

Review Cycle:

Annual (As Needed)

Keywords:

immigration, green card

Change History:

07/19/2023: New Policy published in the Policy Library.

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