Chapter 4 - Human Resources
4.19 Sponsorship of International Employees for Lawful Permanent Residency
Under the Immigration and Naturalization Act (INA), a petition for employment-basedlawful permanent residency (LPR) is filed by the employer, although the individual employee also obtains a benefit. Whether to support, including payment of any costs or fees, a petition for LPR is discretionary with Minnesota West Community & Technical College. The petitioning process for employment-based LPR entails significant time and resources of the College, even if no costs or fees are paid. Employees who are granted LPR are not required by INA Regulations to remain employed by the petitioning employer. Accordingly, offers to support employment-based petitions for LPR must be carefully considered in light of the interests of Minnesota West and extended only in accordance with the procedures herein.
Policy Statement
Minnesota West Community & Technical College is committed to recruiting and retaining
the most qualified employees to fulfill its mission. In support of that commitment,
Minnesota West may, pursuant to the criteria and procedure herein, exercise its discretion
to provide assistance to eligible foreign national employees in petitioning the Bureau
of Citizenship and Immigration Services (BCIS) for employment-based LPR. Authorized
assistance may, but need not, include payment of fees and/or professional services
up to $1,000.00 for filing the petition. In no event will Minnesota West agree to
pay for any costs or services personal to the employee, such as translation fees,
or services for any individual other than the employee.
At Minnesota West, only the College Provost in consultation with the Dean of the affected college and Human Resources Office may authorize the College to petition for an employment-based LPR. No document may be filed with the BCIS in support of an employment-based LPR on behalf of the College absent satisfactory compliance with the approval process stated in this procedure.
Eligibility Criteria Individuals must meet the following criteria to be eligible for consideration for College or University] sponsorship:
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Full time tenured or tenure track faculty;
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Full time professional or other administrative positions;
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One calendar year satisfactory full time employment with sponsoring the College.
Individuals who have been employed less than one full year may be considered for sponsorship on a case-by-case basis.
Individuals with at least part time teaching responsibilities may be eligible for an administratively simplified procedure for LPR called “Special Handling.” Petitions under this procedure must be filed no later than 18 months after the appointment of the employee. Departments should check with Human Resources on the availability of “Special Handling” as soon as practicable to ensure timely filing.
Procedure
A department wishing to explore LPR sponsorship of an employee must consult with Human
Resources to determine whether the employee meets the criteria above, and whether
the employee appears to meet the criteria for employment-based LPR under applicable
provisions of the INA. Human Resources may advise the Department generally of the
BCIS procedure and of the approximate costs associated with the petition, including
filing fees and professional services.
In deciding whether to offer sponsorship, the department shall consider how the employee’s qualifications contribute to the long and short term goals of the College and the department, and the employee’s commitment to the College. The department shall consider its financial resources in deciding the extent to which it will recommend payment of costs associated with the petition.
If, after consultation with Human Resources and consideration of the above factors, a department wishes to support a petition for employment-based LPR, it must submit a written letter or memorandum of recommended action to the Dean of the college. The letter should outline the department’s rationale and its recommendation regarding payment of any associated costs.
The Dean may consult with Human Resources before submitting the proposed action to the Provost for approval. The Provost shall consult with the Dean and Human Resources and respond to the department in writing as to whether the recommended action is approved, modified, or denied.
If approved, Human Resources shall coordinate gathering all Minnesota West information necessary to the petitioning process; the department should designate one or more individuals to provide assistance, in addition to the affected employee. Human Resources shall determine whether professional services are required to file the petition and will draft and coordinate execution of the appropriate professional/technical contract to the extent the Minnesota West has agreed to pay for such services. Human Resources has final hiring authority for any professional providing services for which the College has agreed to pay, in full or in part. Human Resources shall be consulted in the selection of a professional in the event the employee is paying for such services. Only the College’s Human Resource Director is authorized to sign BCIS Form G-28 authorizing representation of Minnesota West.
During the petitioning process, the department must immediately notify Human Resources of any material change in the conditions of employment of the affected foreign national employee.
If the LPR is approved, the employee has sole responsibility for obtaining adjustment of immigration status.
Approved by: Ron Wood, President
Date: July 13, 2005
History & Revision: