BARUCH COLLEGE
IMMIGRATION SPONSORSHIP PROCEDURES
This memo describes internal procedures followed by Baruch College when sponsoring a professor for an immigration benefit.
GENERAL RULES
1. All prospective, new and continuing employees, shall receive Baruch’s Guide to Immigration for Foreign Professors (Exhibit 1). The Guide will also be incorporated into the online faculty handbook. The employee shall sign the statement indicating receipt of the Guide. See Exhibit 2. And, the employees shall complete a questionnaire regarding their immigration status that will be kept in the office of the Provost. See Exhibit 3.
The Guide clarifies that it is the employee’s responsibility to maintain lawful status and shall encourage employees to consult legal counsel as soon as possible. It states that while Baruch sponsors qualified employees, all legal fees, including filing fees, are the responsibility of the employee. The Guide includes notice that sponsorship does not signify a continuing offer of employment, and that employment renewals are determined under existing CUNY rules for reappointment and employment.
Attached to the Guide shall be a list of recommended attorneys. The employee is be strongly encouraged to retain attorneys from that list. See Exhibit 4.
2. Correspondence regarding immigration law matters should be placed in the employee’s Provost Faculty File.
3. Only the Provost or his designees, hereinafter referred to as “the Provost,” are authorized to sign immigration documents, including but not limited to, petitions, applications, letters of support and attorney notices of appearance.
4. If requested to do so by the professor’s attorney, the Provost will sign a notice of representation, United States Citizenship and Immigration Services (USCIS) form G-28. The Provost shall notify the attorney in writing that copies of all correspondence shall be forwarded to the Provost. See Exhibit 5.
TEMPORARY EMPLOYMENT STATUS
Employees with Practical Training Permission
Some employees come to Baruch with USCIS employment authorization based on
F-1 international student practical training, sometimes referred to as Optional Practical Training or OTP. OTP is available for no more than one year, so employees with this status should immediately consider applying for H-1B temporary professional worker status unless the employee has another vehicle for extending their employment authorization, i.e. spouse
sponsorship.
For employees with OPT, the following procedures should be followed:
1. A copy of their USCIS Employment Authorization Document, EAD, should be placed in the Employee’s Provost Faculty File.
2. The Department Chair shall recommend that the employee apply for H-1B status as soon as practicable.
Sponsorship for H-1B nonimmigrant status
For employees desiring sponsorship for H-1B status, the following procedures should be followed:
1. The employee should provide the Provost with a draft letter of support (see sample exhibit 6), completed USCIS forms I-129 (Petition for a Nonimmigrant Worker) and all supporting documents. and completed forms. The Provost will review the letter and have it prepared on his stationery. He will sign the letter and the forms and forward them to the professor’s attorney for filing.
2. The public access file required for H-1B employees shall be maintained in the Office of the Provost.
3. The Provost shall maintain the public access file separate from the employee’s Provost Faculty file, though copies of the public access file documents will be also maintained in the employee’s Provost Faculty File.
Sponsorship for TN and H-1B1 Status
TN and H-1B1 status is available for Canadians, Chileans, Mexican, and Singaporeans. Baruch sponsors faculty for TN or H-1B1 status when H-1B status is impractical or unavailable. However, H-1B status is preferred.
For employees desiring sponsorship for TN or H-1B1status, the following procedures should be followed:
1. The employee should provide the Provost with a draft letter of support and completed USCIS form I-129, for review. The Provost should review the letter and prepare it on his stationary. He should sign the letter form I-129 and return them to the employee.
2. For faculty in TN or H-1B1 status, the Department Chair shall recommend that the employee apply for H-1B status as soon as practicable.
PERMANENT RESIDENCE (IMMIGRANT) STATUS (AKA Green Card status)
It is the policy of Baruch College to sponsor professors in tenure-bearing titles for permanent residence status as soon as requested by the employee.
For employees desiring sponsorship for permanent residence (immigrant - green card) status, the following procedures should be followed:
1. The Employee shall retain counsel.
2. Where possible, applications for special handling labor certification for professors shall be filed within 18 months of the date of the Baruch offer letter.
3. The Chair shall provide the professor’s attorney information regarding recruitment necessary to prepare the labor certification application. The attorney shall prepare all documents required for filing of the labor certification for the Provost’s review and signature.
4. Once the U.S. Department of Labor certifies a case, Baruch College will support the filing of a permanent employment-based petition, USCIS form I-140, Immigrant Petition for Alien Worker. The professor’s attorney will shall prepare the petition and supporting documents for the Provost’s review and signature.
5. Whether to support petitions for professors in the Outstanding or Extraordinary categories shall be at the discretion of the Provost.
Exhibit 1: Baruch’s Guide to Immigration for Foreign Professors
Exhibit 2: Form for signature of professor for receipt of the guide.
Exhibit 3: Employee Questionnaire
Exhibit 4: List of Recommended Attorneys
Exhibit 5: Letter to Attorney Requesting Copies of Documents
Exhibit 6: Draft Letter of Support
Exhibit 7: Baruch Information for H-1B Petition