3.32 / Employment of Foreign Nationals

Requirements for Employment of Foreign Nationals

Eligibility for Sponsorship

1. Position Eligibility

   1. Sponsorship for Employment-Based Immigration Benefits will only be considered for full-time, benefits eligible Faculty and Professional Staff positions that meet all other requirements set forth in this policy.
   2. The position must qualify for the type of Sponsorship sought on its own merits. Hiring Departments shall not modify or create positions solely to facilitate the hiring or retention of a particular Foreign National and/or to accommodate a particular Foreign National's Sponsorship needs.
   3. All positions proposed for Sponsorship must be reviewed and approved for Sponsorship eligibility by Human Resources and the applicable divisional Vice President (or their designee) prior to posting and/or recruitment.
   4. For LPR Sponsorship, the Hiring Department must demonstrate, in accordance with federal immigration regulations, that there was no U.S. worker who was ready, willing, and able to fill the position and who met the minimum advertised qualifications for the position at the time of recruitment.

2. Eligible Visa Categories

   1. In the absence of extraordinary circumstances, Sponsorship for Employment-Based Immigration Benefits shall be restricted to the categories of H-1B Visa and LPR status.
   2. To the extent that extraordinary circumstances exist, other employment-based nonimmigrant categories, such as TN, O-1, and E-3 may be considered with prior approval by the applicable divisional Vice President. Extraordinary circumstances may exist when the following are established:
      1. H-1B Sponsorship is not legally available or applicable;
      2. The Foreign National possesses unique qualifications that significantly advance the University's mission and strategic plan; and
      3. The visa category sought is consistent with federal law and the individual's background and position duties.
   3. Although J-1 Exchange Visitors (faculty, research scholars, and students) and students holding an F-1 Visa may become employed by the University as specifically authorized by federal law, those visa categories are beyond the scope of this policy because they are not employment-based visas. Please visit the Current International Students webpage and review Policy 8.02 / Regular Student Employment for information on employment of international students, and visit the J-1 Exchange Visitors webpage for information on hosting exchange visitors.
   4. The University will not sign or support any immigration petition that involves a self-petitioning process by a Foreign National, even if the position is held at the University.

3. Individual Eligibility

   1. H-1B Sponsorship. An individual seeking H-1B Sponsorship must meet all of the following requirements:
      1. Hold at least a U.S. bachelor's degree (or equivalent foreign degree) in the specific field required for the position, or have a combination of education, training, and/or experience that the United States Citizenship and Immigration Services (USCIS) recognizes as equivalent to the required degree. The individual must fulfill this requirement at the time of hiring;
      2. Be eligible for U.S. work authorization in H-1B status;
      3. Be in valid immigration status and eligible for a change of status or extension, if currently in the U.S.;
      4. Not be subject to a bar from entering or working in the U.S.; and
      5. Have been selected through a competitive recruitment process or otherwise meet University hiring policies and procedures.
   2. LPR Sponsorship. An individual seeking LPR Sponsorship must meet the following requirements:
      1. For a Faculty position, the individual must meet the following criteria:
         1. Have been in H-1B status sponsored by the University for at least 18 continuous months prior to the LPR Sponsorship application being filed; and
         2. Have received the highest overall annual performance evaluation rating under the University's evaluation system. For faculty, this means receiving an overall annual evaluation rating of "Meets Expectations" or its equivalent highest rating.
      2. For a Professional Staff position, the individual must meet the following criteria:
         1. Have been in H-1B status sponsored by the University for at least 3 continuous years prior to the LPR Sponsorship application being filed; and
         2. Have received the highest overall annual performance evaluation rating under the University's evaluation system. For staff, this means receiving an overall annual evaluation rating of "Exceeds Expectations" or its equivalent highest rating.
   3. Family of Sponsored Employee. The University will not sponsor or support immigration petitions for spouses or dependents of Sponsored Employees.

Institutional Interest Required for Sponsorship

1. The position is critical to the effective delivery of the University's educational, research, service, or compliance functions;
2. The Foreign National possesses specialized knowledge, qualifications, or experience not readily available in the U.S. labor market, and their expertise is necessary for the success of the role;
3. When applicable, the Sponsorship supports retention of a high-performing Employee whose continued employment benefits the University in a lasting and meaningful way;
4. The position and Sponsorship comply with all applicable federal immigration laws and University policies, and do not create undue financial or administrative burden on the University; and
5. The position aligns with institutional resource availability, including but not limited to long-term funding and staffing needs.

Sponsorship Review and Discretion

1. All Sponsorships require the review and approval by the appropriate Stakeholders before the Hiring Department extends an offer of employment to a Foreign National. Stakeholders ensure that the proposed Sponsorship complies with applicable federal laws and University policy. The involvement of specific Stakeholders may vary depending on the nature of the position, the visa category, and/or the level or complexity of risk associated with the Sponsorship.
2. The University has no obligation to sponsor Foreign Nationals for Employment-Based Immigration Benefits, and whether a Foreign National will be sponsored is at the sole discretion of the University. The University may deny, modify or withdraw Sponsorship at any time, consistent with applicable law.
3. The University's decision to sponsor a Foreign National does not guarantee the success of Sponsorship-related applications with the United States Department of Labor or the USCIS.

Authority and Immigration Counsel

1. Only the Senior Executive Vice President and Provost is authorized to sign immigration-related documents on behalf of the University. Hiring Departments and Employees may not sign, submit, or commit the University to any immigration filings or processes independently.
2. Authority to file University-sponsored immigration applications or petitions is restricted to the University's Office of General Counsel or their designee. The use of private attorneys for University-sponsored filings is not permitted.
3. The Office of General Counsel retains sole discretion to engage or change the University's designated external immigration counsel as needed. All decisions regarding legal representation in immigration matters are made exclusively by the Office of General Counsel and are not subject to departmental preference or individual request.
4. Premium Processing must have the prior written approval of the divisional Vice President and will only be approved when there is a documented business justification.
5. All communication with the University's external immigration counsel must be coordinated through Human Resources and the Office of General Counsel.

Responsibility for Costs and Appeals

1. The Hiring Department is responsible for covering all costs associated with Sponsorship including government filing fees (e.g., H-1B filing fees, Premium Processing fees, and anti-fraud fees); attorney's fees; costs associated with requests for evidence; and return transportation costs if required by law.
2. The University will not pursue or fund any appeal, motion to reopen, or motion to reconsider a denied immigration petition. Any exception to this must be approved in advance by the applicable divisional Vice President and will be permitted only when the University determines that the petition denial was clearly based on legal or procedural error and that an appeal is likely to be successful. Any costs associated with an appeal will be borne by the Hiring Department.

Procedures and Compliance Monitoring

1. The applicable Hiring Department will coordinate the process for review of University Sponsorships for Employment-Based Immigration Benefits. In doing so, the Hiring Department must follow the University's established procedures for requesting and initiating Sponsorship. Further information on the process for requesting Sponsorship and employment of Foreign Nationals, please visit the University's International Employment webpage.
2. The applicable Hiring Department must monitor positions held by Sponsored Employees for the duration of the Sponsorship to ensure that the University and the Sponsored Employee remain in compliance with all federal immigration laws and regulations. Human Resources must be notified promptly if any of the following changes occur:
   1. Any change in job duties, title, supervisor, work location, or employment status for a Sponsored Employee;
   2. Any change in the immigration status of a Sponsored Employee; or
   3. Any termination or resignation of a Sponsored Employee.

1. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
2. Employment-Based Immigration Benefits: Temporary or permanent work authorization granted by the U.S. government to a Foreign National based on an offer of employment from the University. This definition does not include employment pursuant to a J-1 Visa or an F-1 Visa.
3. F-1 Visa: A temporary visa category that allows Foreign Nationals to enter the United States for the primary purpose of pursuing a full course of study at a U.S. academic institution. Students in F-1 status are generally not eligible for employment by the University except under circumstances that are specifically authorized under federal regulations (e.g., on-campus employment, curricular practical training, and optional practical training).
4. Faculty: Full-time, benefits-eligible, tenured or tenure-track faculty, holding ranks of Assistant Professor, Associate Professor, and Professor.
5. Foreign National: An individual who is not a U.S. citizen or lawful permanent resident (green card holder) of the United States.
6. H-1B Visa (or "H-1B"): A temporary, employment-based nonimmigrant visa category for individuals employed in Specialty Occupations requiring the theoretical and practical application of a body of specialized knowledge and a minimum of a bachelor's degree or its equivalent in a specific field.
7. Hiring Department: The academic, administrative, or operational unit within the University that initiates a request to recruit, hire, or sponsor a Foreign National for employment.
8. Human Resources: This includes the Office of Human Resources and Human Resources for the Division of Research Administration and Industry & Defense Programs, as applicable.
9. J-1 Visa: A temporary visa category that permits sponsored Foreign Nationals to participate in federally approved exchange programs that are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.
10. Lawful Permanent Residency (LPR): An immigration status that allows a Foreign National to live and work in the United States indefinitely. Also known as a "green card."
11. Premium Processing: An optional USCIS service allowed for expedited adjudication of certain immigration petitions.
12. Professional Staff: Full-time, benefits eligible Employees in positions that require the attainment of a bachelor's degree or higher in a specific field of study and involve the application of specialized knowledge or expertise. These positions are typically classified as exempt under the Fair Labor Standards Act.
13. Sponsored Employee: A Foreign National who has been offered and accepted a position at the University and for whom the University has elected to initiate and support Sponsorship for Employment-Based Immigration Benefits with the appropriate federal immigration agencies.
14. Sponsorship: The University's formal support for a Foreign National's application for Employment-Based Immigration Benefits.
15. Stakeholders: University offices and officials whose involvement in the process of reviewing, evaluating, and approving a position or a Foreign National for Sponsorship has been deemed necessary by the University President, or their designee. Stakeholders may include, but are not limited to Human Resources, Office of General Counsel, divisional Vice Presidents, and other University officials or offices with relevant oversight responsibilities.
16. University: Wichita State University and Controlled Affiliated Organizations.