EIU Office of Internal Auditing

#14.1 - Employment of International Faculty and Professionals

Approved: July 5, 2023

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. Based on current state regulations, all civil service employees must be eligible to work in the U.S. and the University is unable to provide immigration assistance.

Upon employment, Eastern Illinois University may assist 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 degree.

The appropriate Vice President shall work with General Counsel (or an outside designee) to 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, a non-tenure track faculty member or professional employee shall ordinarily be in the last year of H-1B visa eligibility. Tenure track faculty will be eligible for EIU's sponsorship for permanent residency upon the successful completion of their first year of service.
2. Additionally, consistent with paragraph 1, the faculty member or professional employee shall have completed at a minimum of one year of service to the University and up to five years of full-time employment at Eastern Illinois University.
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 the 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 Office of General Counsel 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. The University shall not provide immigration services to support part-time employees who reside in the United States or elsewhere.
• 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 upon completion of one year of service.
• 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.