Procedures for Hiring Tenure-Track Faculty Who Require INS Visas

Introduction

Currently PLU has several full-time tenure track faculty members who, as non-citizens of the U.S., are required to have certain immigration status granted by the Immigration and Naturalization Service (INS) in order to be employed at PLU. Recent difficulties about the employability status of such colleagues indicate the need to establish a clear procedure to oversee INS related cases in a coordinated and pro-active manner. The procedures below are designed to reduce the level of unpredictability and confusion that can arise in hiring such faculty and to convey to the faculty members involved a stronger sense of the university's support throughout a process that can be difficult and stressful.

Procedures

1. Departments should make sure each potential candidate receives the following notice as early in the hiring process as possible:

"In order for PLU to comply with the Immigration Reform and Control Act of 1986, PLU will require you, before you begin work, to sign a sworn statement on a Form I-9 indicating you are either a United States citizen, a United States permanent resident, or an alien authorized to work at PLU pursuant to U.S. law. You also will have to submit documents to substantiate your statement. If you have any questions as to whether or not you will be able to make such a statement or provide the proper documents if you are hired, please advise the Department Chair immediately so PLU can help determine if it can assist you."

1. When a decision is reached to offer a position, and the offer is to be made to a non-citizen, the memo informing the Provost of the Department's decision (normally written by the Chair of the Search Committee and/or the Department Chair and/or the Dean of the hiring Division) should indicate the employment status of the potential colleague.
   
2. If the candidate who is a non-citizen accepts PLU's offer, the precise kind of visa he/she needs should be determined immediately. This information normally will be obtained by the PLU faculty member making the verbal offer who, presumably, will be the first to hear that the offer has been accepted. If it is the case that the job candidate is unsure of his/her immigration requirements, he/she should be referred to designated staff (currently Charry Benston in the Center for International Programs) for advice in this regard. In turn, university legal counsel may also be consulted. Once it has been determined what immigration status the individual in question requires, Charry Benston will notify the Associate Provost immediately.
   
3. Before issuing any contract to the individual in question, the Associate Provost will consult with the following parties in order to determine appropriate contractual language: the Search Committee Chair, the Chair and Dean of the department/division/school in question, and Charry Benston (or other designated staff person referred to above). The Associate Provost will also consult with the Director of Human Resource Services about appropriate contractual language involving non-citizen faculty hires. Finally, prior to beginning employment at PLU, the Office of Human Resource Services will require documentation of the candidate's employability status (see #1 above).
   
4. If the future colleague requires a "Practical Training Visa" (technical term) PLU's primary obligation is to issue an appropriately worded contract. Normally, the individual's Ph. D. granting institution will sponsor the application for the Practical Training Visa.
   
5. If the individual requires an H-1B visa (non-immigrant worker in a specialty occupation visa), PLU becomes the sponsoring institution and the process is slightly more complex. Please note that H-1B visas are not always readily available. Once a contract has been signed using the process outlined in #4 above, the Special Assistant to the Provost for International Education or the Associate Provost will meet collectively with the Chair of the hiring department and Charry Benston, who will act as coordinator of INS matters and who will handle the administrative end of the application. If the faculty member requiring the visa is available, it is highly advisable that he/she be present at the meeting as well. The purpose of this meeting is to coordinate the working permit/visa application process and develop a timetable for timely submission of required materials. The meeting should also designate a faculty member or academic administrator as responsible for working closely with Charry Benston in the monitoring of the progress of the application procedure. This same person will normally keep the visa applicant informed of any setbacks or progress in the application process.
   
6. If the individual requires permanent residency (a "green card"), the same procedure outlined for the H-1B visa should be followed. Additionally, the Special Assistant to the Provost for International Education (or the Associate Provost) will normally be responsible for seeking expert legal advice on this immigration procedure and on the particulars of each case in question. It will be the responsibility of the Associate Provost, finally, to keep members of the visa application support team (including the faculty applicant at this point) apprised of pertinent legal issues in order to increase the likelihood of a successful outcome to the visa application process.
   
7. Applications for permanent residency require meticulous documentation of the search process for the hire in question. It is advisable, therefore, that all original search materials (including all applicant files) be kept until permanent residency has been granted. The search process documentation is important to keep even if the person in question was granted an H-1B visa because the person in question may proceed with an application to become a permanent resident.
   

After a contract has been issued and accepted by the candidate, all normally accrued costs associated with INS visa and green card applications will be paid for by PLU. The faculty member will be expected to serve the university for a minimum of three years after the application for a green card has been submitted.