IMMIGRATION SPONSORSHIP FOR FULL- TIME INTERNATIONAL HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT POLICY No. 109

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1 IMMIGRATION SPONSORSHIP FOR FULL- TIME INTERNATIONAL HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT POLICY N. 109 SECTION I PURPOSE OF THE POLICY Champlain Cllege seeks t attract and retain the mst qualified faculty and staff. Candidates wh are nt U.S. citizens r permanent residents may need institutinal spnsrship fr emplyment in the United States. This plicy utlines Champlain Cllege's plicies and prcedures under U.S. immigratin law. Each situatin must be analyzed n a case by case basis t determine applicable requirements under U.S. immigratin law and the ptential rle f Champlain Cllege in spnsring a particular individual. SECTION III ELIGIBILITY PROVISION This plicy applies t all regular full-time staff and faculty as well as candidates fr regular fulltime psitins at Champlain Cllege. Sectin e (i.) (TN status) may apply t part-time and adjunct faculty psitins. SECTION IV POLICY a. Recruitment, Hiring and Spnsrship An individual wh is nt a U.S. citizen r permanent resident may becme eligible fr emplyment in the United States thrugh spnsrship by a U.S. emplyer, if the ffered psitin f emplyment qualifies fr spnsrship. The President f Champlain Cllege must apprve any cmmitment f spnsrship fr a prspective r current emplyee. T secure authrizatin fr Champlain Cllege spnsrship f a freign natinal fr emplyment purpses, the hiring department must submit a cmpleted Request fr Spnsrship frm t the Office f Human Resurces and Organizatinal Develpment, and the Office f Human Resurces and Organizatinal Develpment must frward the request t the President fr review. The Request fr Spnsrship frm is available frm the Office f Human Resurces and Organizatinal Develpment. T spnsr an emplyee fr lawful permanent residency ("green card") the hiring department must be prepared t establish that the case meets applicable requirements f U.S. immigratin law regarding availability f U.S. wrkers fr the psitin, and must be prepared t engage in a test f the labr market if needed fr this purpse. b. Temprary (Nn-Immigrant) Status

2 Champlain Cllege will cnsider spnsring a candidate r emplyee fr temprary nnimmigrant status (H-1B, TN, O and ther types f nnimmigrant status) upn request f the hiring department by submissin f a cmpleted Request fr Spnsrship frm. Temprary nnimmigrant status is available fr a temprary perid f time and is limited t the spnsring emplyer. If temprary nnimmigrant spnsrship is apprved, the Office f Human Resurces and Organizatinal Develpment will crdinate the prcessing f an applicatin fr temprary nnimmigrant status in the mst apprpriate and cst effective categry available, as determined by the Office f Human Resurces and Organizatinal Develpment upn advice f cunsel. c. Permanent Resident Status ("Green Card") Champlain Cllege will cnsider spnsring an emplyee fr lawful permanent residency ("green card") nly after the emplyee has been emplyed with Champlain Cllege fr at least ne year and has received "excellent" perfrmance reviews r therwise merits spnsrship fr cntinued emplyment and nly upn request f the hiring department by submissin f a cmpleted Request fr Spnsrship frm. Lawful permanent resident status is available fr an indefinite perid f time and is nt limited t the spnsring emplyer. It is imprtant t nte that lawful permanent residents are free t change emplyers at will; applicants fr permanent residency may change emplyers after a designated benchmark f prgress is reached in the permanent residency applicatin prcess. If permanent residency spnsrship is apprved, the Office f Human Resurces and Organizatinal Develpment will be respnsible fr the emplyer cmpnents f the applicatin fr permanent residency. After Champlain Cllege files the emplyer's I-140 immigrant petitin, it is the respnsibility f the emplyee t file an I-485 Adjustment f Status fr him/herself and his/her spuse and children, r t file an I-765 Applicatin fr Emplyment Authrizatin t btain a new emplyment authrizatin dcument (EAD) befre his/her current EAD expires. d. Respnsibility fr Immigratin Expenses Champlain Cllege will be respnsible fr the csts f temprary (Nn-Immigrant) immigratin applicatins fr its emplyees up t a maximum f $5,000 aggregate immigratin csts per emplyee. An emplyee's dependents are the legal and financial respnsibility f the emplyee. Csts fr immigratin status fr dependents accmpanying an emplyee are the respnsibility f the emplyee If an emplyee elects t retain the services f an attrney t advise r represent him/herself and his/her spuse and children in the applicatin prcess, the emplyee shall be slely respnsible fr any fees incurred with the private attrney. Privately retained immigratin cunsel must crdinate effrts with designated representatives f Champlain Cllege and its designated cunsel. Unless therwise agreed in writing by the President, Champlain Cllege will nt cver the fllwing expenses, whether by direct payment r reimbursement: immigratin fees r

3 csts fr any member f the candidate/emplyee's family; travel r cmmunicatin expenses including withut limitatin expenses incurred t secure a visa at a U.S. cnsular pst abrad; r fees r expenses fr medical examinatins. e. Categries f Temprary (Nn-immigrant) Status The categries f immigratin status that are mst likely t be utilized at Champlain Cllege include TN, H-1B and O status. Each case must be reviewed n a case by case basis t determine eligibility and the mst apprpriate and cst effective applicatin prcess available. i. TN Status: TN status is available under NAFTA fr Canadian and Mexican prfessinals in specific ccupatins listed in the NAFTA treaty. The listed prfessins generally require at least a bachelr's degree and perhaps licensure. The listed prfessins include accuntant, cllege and university teacher, cmputer systems analyst, librarian, mathematician, research assistant, scientist, scial wrker and ther specific ccupatins. TN status is nly apprved fr ne year at a time. TN status can be renewed indefinitely but lng term TN emplyment is nt ideal fr a variety f reasns s it is best t cnsider mving frm TN t H-1B (if available) and permanent residency t retain emplyees lng term. TN emplyment may be part time r full time. ii. H-1B Status: H-1B status is available fr prfessinals in specialty ccupatins, which means ccupatins requiring at least a bachelr's degree r equivalent specific vcatinal preparatin acrss industry. A specific emplyer's preferred minimum qualificatins d nt dictate H-1B eligibility. T qualify, the applicant must have the apprpriate degree fr the specialty ccupatin r an equivalent cmbinatin f educatin and experience. H-1B status is nt available if there has been a lay-ff, strike, lck-ut r ther labr disruptin affecting emplyees in the same ccupatin with the same emplyer within the prir six mnths. Fr a successful H-1B petitin the emplyer must dcument that they are ffering the prevailing wage as determined by the U.S. Department f Labr. H-1B emplyment can be full-time r part-time and H-1B wrkers can have cncurrent H-1B apprvals t wrk with mre than ne emplyer in H-1B status at the same time. H-1B status is apprved fr up t three years at a time, renewable fr up t six years. T retain an H-1B emplyee lnger than six years, the emplyer must file an immigrant petitin t spnsr the emplyee fr permanent residency befre the end f the emplyee's 5th year f H-1B emplyment. iii. O Status: O status is available fr emplyees f extrardinary ability, which means they are amng a small percentage wh have risen t the very tp f their field f endeavr natinally and internatinally. A petitin fr O status invlves letters f reference frm leaders in the emplyee's field and dcumentatin f the emplyee's prfessinal accmplishments. O status is available initially fr up t three years and then can be renewed annually indefinitely. Each renewal invlves a substantial prject t dcument the emplyee's extrardinary ability, s O status is nt a gd ptin fr lng term emplyment. It is best t cnsider mving frm O t permanent residency t retain emplyee s lng term. Emplyment in O status may be part time r full time.

4 There are ther nnimmigrant categries available fr specific emplyment situatins. If yu have questins abut whether TN, H-1B, O r sme ther status may be available in a particular case, please cntact the Office f Human Resurces and Organizatinal Develpment. f. Categries f Eligibility fr Permanent Residency There are several pathways t btain permanent residency, each f which may r may nt be available in a particular case. Each case must be reviewed n a case by case basis t determine eligibility and the mst apprpriate and cst effective applicatin prcess available. Cmmn categries fr permanent residency are: Teaching Faculty special handling labr certificatin fr cllege and university teachers wh engage in classrm teaching. Outstanding Researcher/Prfessr prfessrs and researchers with at least three years experience in teaching/research and several ther indicatins f achievement such as schlarly publicatins and service as a peer reviewer fr the wrk f thers (exempt frm labr certificatin). Outstanding Ability fr prfessinals wh can dcument that they have a degree f expertise significantly abve that nrmally encuntered in their field f endeavr. Extrardinary ability fr thse wh have risen t the very tp f their field f endeavr natinally and internatinally (exempt frm labr certificatin) In additin there are ther categries f spnsrship fr permanent residency that may be available in particular cases. Each case must be reviewed n a case by case basis t determine eligibility and the mst apprpriate and cst effective applicatin prcess available. Fr permanent residency spnsrship, the psitin f emplyment must be full-time and permanent. Fr immigratin purpses, "permanent" means that the psitin is expected t cntinue fr the freseeable future, funding is expected t remain available fr the freseeable future, and the persn is expected t cntinue in the psitin fr the freseeable future. At-will emplyment can qualify as "permanent" if it meets these criteria. If yu have questins abut whether permanent residency spnsrship may be available in a particular case, please cntact the Office f Human Resurces and Organizatinal Develpment. SECTION V POLICY ADHERENCE The Senir Vice President f Finance and Administratin is the respnsible fficial fr this plicy. Any exceptins t this plicy must be apprved by the Senir Vice President f Finance and Administratin.

5 SECTION VI CONTACT The Office f Human Resurces and Organizatinal Develpment is the nly ffice authrized t represent Champlain Cllege t U.S. immigratin authrities, authrize the spnsrship f any Champlain Cllege emplyee fr temprary nnimmigrant status r permanent resident status, and engage cunsel t represent Champlain Cllege in immigratin matters. The cntact persn fr emplyment immigratin matters is the Emplyment Manager. The abve is a summary nly. Always refer t the applicable plan dcuments, plicies r guides befre making final decisins. Human Resurces plicies and prcedures are updated n an as-needed basis. As such, the Cllege reserves the right t alter, amend r suspend the terms f this plicy at its sle discretin; please refer t the plicies psted n the Human Resurces intranet site fr the mst current versin. This plicy des nt cnstitute an emplyment cntract.