Sponsorship for Work Authorization

Purpose

To document University standards for sponsorship for work authorization

Scope

All University faculty and staff vacancies

Authority

Office of the Chancellor, maintained by Illinois Human Resources and the Office for Access and Equity

Background

The University of Illinois Urbana-Champaign (Illinois) values the hiring of international employees as part of our talent strategy. The ability to provide immigration sponsorship for work authorization can be an important opportunity, especially when in alignment with unit goals and strategy.

Policy

Illinois retains the right to make decisions about sponsorship for work authorization on behalf of its employees or potential employees. Illinois has authority over sponsorship petitions for work authorization and applications made by the campus on behalf of an employee or potential employee. Individual hiring units will consult with the Office of International Student and Scholar Services on all immigration and sponsorship for work authorization matters, including, but not limited to J-1 petitions, H-1B petitions, O-1 petitions, any nonimmigrant extension, and immigrant petitions under the outstanding professor or researcher category, national interest waiver category, and those based on the permanent labor certification application process.

The filing of an immigrant or nonimmigrant petition is not a guarantee of new or continued employment, nor a guarantee of any fixed-terms or conditions of employment, nor a guarantee that the petition will be granted. All offers of employment, contracts, continued employment, and all other agreements between Illinois and the individual are contingent upon the individual having the legal right to work in the United States. If at any time the individual loses the legal right to work in the United States or an effort to obtain U.S. work authorization is untimely or unsuccessful, Illinois retains the right to terminate employment immediately or rescind an offer of employment. Illinois will not be held responsible to the individual for any expenses incurred, time spent, or any other offers of employment which were declined. Illinois will not assume responsibility for any individual who perjures, makes false statements, or otherwise misrepresents Illinois or him/herself/themself when completing the employment paperwork, obtaining visa documents or entering into the United States.

When aligned with business need, Illinois will make all reasonable efforts to obtain the requested immigration sponsorship for work authorization. However, Illinois cannot guarantee any result. Illinois may end or withdraw its sponsorship at any time. Illinois reserves the right to make final decisions based on campus interest and compliance with United States law, regulations, and policy concerning all cases. Illinois reserves the right to amend its Sponsorship for Work Authorization Policy without notice and at its own discretion.

Eligibility for Sponsorship

To determine whether sponsorship is available, the following should be considered:

Faculty positions

Tenure system and specialized faculty positions will, in most cases, be eligible for sponsorship for work authorization. Consult with the Office for Access and Equity, accessandequity@illinois.edu, if it is determined a position may need to exclude sponsorship, such as if a position fund source requires U.S. lawful permanent residence or citizenship.

Overtime exempt positions other than faculty

For overtime exempt positions other than faculty, as defined by the Fair Labor Standards Act (FLSA), individual hiring units may determine whether sponsorship for work authorization is available for a given vacancy based on legitimate business factors, which include, but are not limited to:

- - cost of sponsorship
  - prior recruitment efforts
  - time-to-fill the position
  - conditions of the position which would not support sponsorship, such as a grant or contract requiring U.S. lawful permanent residence or citizenship to perform required duties of the position.

Hiring units must declare during the job description review and approval process whether or not the position is eligible for sponsorship. Overtime exempt positions include, but are not limited to, academic professional, professional civil service, postdoctoral research associates, and visiting scholars.

Overtime–eligible positions

Overtime-eligible positions (e.g., non-exempt per FLSA) are not eligible for sponsorship for work authorization. Such positions include office support, service workers, etc.

Units cannot consider applicants who require sponsorship if the position was advertised as Sponsorship for Work Authorization Not Available.

Units must consider applicants who require Sponsorship for Work Authorization if the position advertisement/posting indicated Sponsorship for Work Authorization was available, either explicitly or by failing to indicate it was not available.

When Sponsorship for Work Authorization is not eligible based on the “Eligibility for Sponsorship” section then the following language must be in the job posting

The job posting for the position shall include the following statement: “Sponsorship for Work authorization is not available for this position.”

Costs and Fees Associated with Immigration Sponsorship

If Illinois elects to sponsor an employee or potential employee for work authorization, Illinois will cover costs and fees associated with sponsorship, including fees that the employer is required to pay by law. This includes all costs and fees related to the H-1B petition and permanent labor certification application process. Illinois also agrees to cover the costs and fees associated with other immigration petitions or applications for temporary work authorization on behalf of the employee where H-1B status is not available. Illinois will cover those costs and fees associated with the Form I-140 Immigrant Petition but does not cover costs associated with the Form I-485 Application to Adjust Status for the sponsored employee. Premium processing fees will be covered on a case-by-case basis only where premium processing is a business need. Premium processing fees may also be paid by the individual. Discretionary travel that could impact sponsorship for work authorization does not qualify as a business need to secure premium processing, even if it invalidates existing work authorization.

Dependents

Illinois is not responsible for the immigration needs of foreign national dependents, which are the sole responsibility of the employee. Illinois does not cover any costs and fees associated with the filing of applications for dependent family members including, but not limited to, H-4 applications, extensions, and Form I-485 Applications to Adjust Status. Additionally, Illinois does not track expiration dates or status of dependent family members.

Applications

All applicants will be asked the following questions regarding work authorization:

Are you legally authorized to work in the United States? (Yes or No)

Do you or will you require sponsorship for work authorization to work for the University of Illinois? (Yes or No)

- For purposes of this question, “sponsorship for work authorization” means an H-1B visa petition, an O-1 visa petition, an E-3 visa petition, TN status and ‘job flexibility benefits’ (also known as I-140 portability or Adjustment of Status portability) for long-delayed adjustment of status applications that have been pending for 180 days or longer.
- Please ask us if you are uncertain whether you may need work authorization or immigration sponsorship or if clarification is helpful.
- Responses to these questions should be handled and addressed by unit human resources professionals in a consistent manner and should not be provided to the search committee.

If the position is not eligible for sponsorship for work authorization the applicant did not respond to the questions in Cornerstone (the university’s applicant system), the unit HR must send an approved email referencing the guidance in the Frequently Asked Questions

Definitions

Sponsorship for work authorization: Sponsorship is when an employer agrees to support or “sponsor” a foreign national in securing the appropriate work authorization in order to employ that individual.

At Illinois, this frequently is related to an H-1B visa petition, an O-1 visa petition, an E-3 visa petition, TN status and ‘job flexibility benefits’ (also known as I-140 portability or Adjustment of Status portability) for long-delayed adjustment of status applications that have been pending for 180 days or longer.

Faculty: encompasses both tenure system and specialized faculty.

Overtime exempt positions: salaried positions that meet the provisions under the Fair Labor Standards Act (FLSA) and are ineligible for overtime pay.

Overtime eligible positions: hourly paid positions.