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Category:
HR / Labor Relations



Responsible Office:

Policy Title:
Immigration Petitions, Legal and Financial Support for

Document Number:
8500

Effective Date:
July 16, 2007


This policy item applies to:
State-Operated Campuses
Table of Contents
Summary

Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices


Summary

This policy provides guidance to campuses of the State University of New York (University) in matters relating to obtaining or renewing a U.S. non-immigrant or immigrant status based on employment with the University. (This policy does not cover verification of employment eligibility (I-9 Procedure), addressed in a memorandum to presidents, 87-2, dated April 20, 1987.)


Policy

The State University of New York (University) is authorized to prepare and file petitions, applications, or correspondence with the Department of Homeland Security (DHS) or the Department of State (DOS) in its role as employer. Applications by a university employee or by an employee’s dependents are the responsibility of the employee as it is the employee's responsibility to ensure his or her own compliance and the compliance of his or her dependents with DHS and DOS regulations at all times.

I. Counsel Authorized to Represent the University

A.   The office of university counsel is the only unit within the University authorized to hire outside counsel on behalf of the State University. Therefore, campuses or academic departments within the campuses are not permitted to engage outside counsel for any immigration matter, nor is a foreign national employment candidate or current employee permitted to hire their own outside counsel to represent the University in connection with processing immigration matters.

B.    In order to provide specialized assistance to University campuses; standardize policy and procedure in this area; assure University compliance with recordkeeping and other immigration law requirements; and to assure quality representation and cost efficiency in immigration matters, the University has retained immigration specialist counsel to advise and assist the University in its petitions and applications. This counsel is retained by and responsible to university counsel and provides assistance to University departments as authorized by the office of university counsel. Access to use of this specialized counsel requires office of university counsel authorization. The cost for use of outside immigration counsel will be borne by the campus in question and, therefore, must be authorized by appropriate campus officials

C.   The University does provide advice and assistance to international students and scholars through those officials who are designated school officials or responsible or alternate responsible officers of the University’s F-1 Student and J-1 Exchange Visitor programs as authorized by the DHS and DOS. A number of campuses also provide assistance to departments through international student and scholar services offices in the preparation of employment-based petitions and applications for nonimmigrant categories such as the H-1B Temporary Worker, O-1 Extraordinary Ability and the TN-1 NAFTA categories. These offices also provide advice and prepare petitions and applications for departments at their respective campuses relative to the process of obtaining permanent residence based on University employment. Campuses that do not maintain such an office may request legal assistance through the office of university counsel.

II. Temporary Work Authorization

III. Permanent Residency

1.   With hiring department and/or campus approval and availability of department/campus funds, the University must cover legal and government filing fees for the following applications:

  • application for labor certification (including the cost of required advertisements);

2.   With hiring department and/or campus approval and availability of department/campus funds, the University may elect, on a case-by-case basis, to cover legal and government filing fees for the following applications and/or petitions:

3.   The employee will be fully responsible for the costs related to:

IV. Related Issues


Definitions

There are no definitions relevant to this policy.


Other Related Information

U.S. Citizenship and Immigration Services

U.S. Department of Homeland Security

U.S. Department of Labor

U.S. Department of State




Procedures

There are no procedures relevant to this policy.


Forms

There are no forms relevant to this policy.


Authority

Department of Labor regulation, issued May 17, 2007 and effective July 16, 2007, regarding employer's payment of cost associated with filing an application for labor certification on behalf of a foreign national.

Memo to presidents from the office of university counsel, dated March 19, 2004.


History

Memo to presidents from the office of university counsel, dated March 19, 2004 regarding new SUNY contract and policy on legal and financial support for immigration petitions and applications filed on behalf of immigrant and non-immigrant employees.

Memo to presidents from the office of university counsel and vice chancellor for legal affairs, dated October 1, 1991 regarding major restructuring of the immigration law with the Immigration Act of 1990.


Appendices

There are no appendices relevant to this policy.