Vanderbilt Employment-based Permanent Residency

Chart for Vanderbilt-sponsored permanent residency categories

What does "sponsoring" permanent residency (a green card) mean?
At some point in an international employee's period of employment in the United States , it may become necessary for the employee to convert from temporary, nonimmigrant status to that of permanent resident.

Employment-based examples for the impetus to convert to permanent residency are:

• The employee has exhausted the period allowed as a nonimmigrant (eg. H-1B status) and must have permanent residency to continue working in the U.S.
• The employee must have permanent residency in order to qualify for grants to fund research (important issue for faculty

Vanderbilt may sponsor foreign national employees for permanent residency (PR, also known as a "green card"). "Sponsor" means that Vanderbilt intends to employ the individual in a "permanent" position (termination unforeseeable in near future), and Vanderbilt is petitioning the government on behalf of the international employee to obtain permanent residence with long-term, unrestricted work authorization. Sponsored case types are: Outstanding Researcher/Professor, University Professors [teaching] and Labor Certification-based petitions for professional staff. National Interest Waiver (NIW) and Extraordinary Ability are NOT Vanderbilt-sponsored cases and do not require department sponsorship.

Who will prepare and file the Vanderbilt-sponsored permanent residency case?
OIS has begun filing some Vanderbilt-sponsored permanent residency cases. OIS reserves the right however to choose the cases it will take based upon current work load. Therefore, OIS will also continue to offer the option of retaining one of a group of immigration attorneys known by the Office of General Counsel (OGC). OGC approved attorneys are the only attorneys authorized to represent Vanderbilt in Vanderbilt-sponsored permanent residency matters. The requirement to work only with attorneys named by OGC is based upon the increased regulatory requirements related to employer-sponsored permanent residency as implemented by the federal government in March 2005, and the fact that they represent Vanderbilt in the matter.

Who is responsible for paying the costs of the Vanderbilt-sponsored permanent residency case?
Because the nature of employment-based permanent residency is that it benefits the employer and is not solely for the benefit of the international employee, Vanderbilt will begin requiring the sponsoring department to take responsibility for this cost. Employee may NOT reimburse department for these costs.

If case is prepared by OIS , the sponsoring department will be required to pay an administrative fee to OIS of $4000 (plus advertising costs). This fee will cover the labor certification process (if required) and preparation and filing of the I-140 and is payable to OIS through an 1180. The employee will be responsible for costs of adjustment of status/consular processing, which are a personal matter.

If case is prepared by a private attorney , be aware that attorneys bill differently for services. The sponsoring department will be responsible for all legal and filing fees for the I-140 up to $6500. The attorney will bill the OGC for the authorized amount, and the OGC will pay the attorney and charge the appropriate sponsoring department center number authorized on the Permanent Residency Authorization Form.

Reminder: Signature Authority and Use of Private Attorneys related to Vanderbilt-sponsored Non-Immigrant Work Authorization and Permanent Residency for International Employees
All government forms and documents related to work authorization for foreign nationals, excluding those used to obtain J or F status, must be reviewed and signed by the Director of OIS. This responsibility was delegated to OIS by the Chancellor and includes any forms prepared by private attorneys related to Vanderbilt-sponsored non-immigrant visas and permanent residency. It is the way that Vanderbilt can assure compliance with relevant federal regulations, thereby maintaining Vanderbilt's ability to participate in the H-1B program and Labor Certification-based permanent residency program.

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PROCESS FOR APPLYING FOR EMPLOYMENT-BASED PERMANENT RESIDENCY AT VANDERBILT:

1. Appointment with OIS mandatory to initiate Vanderbilt-sponsored case:   Employee must make an appointment with the Director of OIS (343-7467 or ois@vanderbilt.edu) to discuss options, to obtain the appropriate forms and/or to receive a referral to a Vanderbilt-authorized immigration attorney. It is important that employee consult his or her supervisor about department's willingness to sponsor permanent residency prior to initiating this process. The Director is available to discuss details of process with department prior to meeting with employee.

2. For Professional Staff Positions only: HR Recruitment Review and Assessment: OIS will send position description to HR Recruiting in order to assess current recruiting analysis for particular position in question. If, based upon current recruitment results, it appears that Vanderbilt will attract many qualified applicants for the position, HR Recruiting will recommend that Vanderbilt NOT sponsor the employee for labor certification at this time. Otherwise, HR Recruiting will recommend that Vanderbilt move forward in sponsoring the employee for labor certification right away. Once OIS receives approval from HR Recruiting to move forward with sponsorship, OIS will inform department and employee that the position is suitable for sponsorship should the department formally authorize it.

• Permanent Residency Sponsorship Authorization form (green)
• Form 1180 for $75 intake fee or $4000 administrative fee if OIS is preparing case. Payee: Office of International Services

4. International employee meets with authorized attorney to initiate case: OIS will coordinate case with Department, attorney, employee, HR Recruiting (if labor certification required) and OGC through completion of case. If OIS preparing case , OIS works directly with Department, employee and HR Recruiting

5. Labor Certification cases only: new PERM regulations require extensive recruitment of the position in order to obtain certification for permanent residency. The recruitment process is conducted by HR Recruiting , NOT the sponsoring department.

6. Payment of Department of Homeland Security Filing Fees and Legal Fees:

•  OIS Prepared cases: all filing fees and advertising costs for labor certification and I-140 covered by $4000 administrative fee paid to OIS via a Form 1180. Employee is responsible for legal and filing fees of I-485/ adjustment of status or consular processing.

•  Private Attorney Prepared cases: Attorney must bill the OGC directly, not the Department or College, for the total amount authorized by the department on the Authorization Form. NOTE: Department or College is not permitted to pay an outside attorney directly. This may create significant federal reporting and tax consequences for both Vanderbilt and the employee. Again, fees paid by the Department on behalf of an employee must be paid through the OGC. Fees beyond that which the Department or College has agreed to pay should be billed by the attorney to the international employee directly. Fees for dependent family members must also be billed to the international employee directly. Should the Department or College decide to pay petition costs for dependent family members , the international employee must pay the fees initially and the Department or College may reimburse the employee through an Additional Pay Form for the fees for the dependent(s), subject to appropriate administrative review. Direct payment or reimbursement for personal expenses, such as petition costs for any family members, will be subject to federal income and employment tax reported on IRS form W-2. OGC will not pay legal fees for dependent family members.

PROSPECTIVE HIRES INTERESTED IN PERMANENT RESIDENCY IN ORDER TO BEGIN WORK: For a prospective hire requesting sponsorship of permanent residency, please contact OIS as soon as possible in order to make initial arrangements for the appropriate work authorization status. Shannon Hamlett is available to meet with the prospective hire to discuss Vanderbilt options related to permanent residency.

CONTACTING OIS: If you have any questions or concerns about this process, please do not hesitate to contact OIS at 615-343-7467 or ois@vanderbilt.edu.

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