Clemson University welcomes the contributions of scholars from all over the world in carrying out its mission. Employer-sponsored applications for permanent residency help assure the on-going involvement of the foreign scholar in the life of the university and the work for which the employee was hired. Given below is a general explanation of Lawful Permanent Residency Status for foreign nationals. This is followed by Clemson's policy for assisting international faculty with permanent residency sponsorship. Questions concerning lawful permanent residency sponsorhip should be directed to the Director, International Faculty & Staff Services.
To initiate the process of sponsoring your alien employee for a green card, please complete the Departmental Approval Form. Send the completed form to OIA with a copy to Clemson's Office of General Counsel. When this form is received, OIA will contact you to schedule an advising session with you and your alien employee to describe the steps and to initiate your communication with the University’s legal representative in this process.
Please review the University’s “Guidelines for Assisting International Faculty for Lawful Permanent Resident Status” given below, to determine the required amount of financial support by your department for this immigration process.
Lawful Permanent Resident (LPR) Status
Generally, a foreign national may work in the United States (US) under the employer’s approved, temporary H-1B status for up to six years. In order for the alien (defined as a person who is not a citizen or national of the US) to reside and work permanently in the US, he or she must apply for and be granted Lawful Permanent Resident (LPR) status. LPR, symbolized by the so-called “green card,” confers foreign nationals the right to live and work in the US without time limitations. While working under the employer’s H-1B benefit, an alien may be eligible to apply for LPR status by way of employer sponsorship. The US Congress has designated employment based groups to which it gives aliens preference in immigrating to the US. Please see http://www.uscis.gov/ for more complete information.
Clemson University utilizes outside legal counsel to advise and assist University employers of foreign nationals with the process of sponsoring their foreign employee for LPR status in the US. Under most circumstances of employer sponsorship, University policy requires the department be responsible for the legal expenses incurred to sponsor the foreign employee for eligibility to apply for a green card.
There are two exceptions to this general rule. First, aliens of “extraordinary ability” are not required to have obtained an offer of permanent employment and many aliens choose to self-petition for this immigration benefit. Second, the offer of employment requirement may be waived on “national interest” grounds, if determined by USCIS. Some aliens choose to file their own personal immigrant petition with USCIS for this “national interest” benefit. The department is not required to cover expenses, but may choose to do so if the employee files for a green card under either of these two exceptions. Please contact the Director for International Faculty and Staff Services (864.656. 3614) in OIA for further information.
Procedures for an employee to obtain LPR through employment usually require that the employee be sponsored by heir employer. The employer files a petition with the US Citizenship and Immigration Services (USCIS) to request the alien, who is called the “beneficiary” of the employer’s petition, be classified as a person qualified to immigrate. As a general rule, the US employer must first make an offer of permanent employment to the foreign worker. “Permanent” is defined as without a fixed termination point, or indefinite. Aliens, other than those with LPR status, may not offer permanent employment in the US to other alien workers who have applied for an open position.
Before the employer can file an immigrant petition with USCIS to request the alien be classified as a qualified immigrant, the employer must first apply to the US Department of Labor (DOL) for its certification that qualified US workers have been recruited for the position and are unavailable. The DOL’s Permanent Labor Certification Application is Form ETA-9089. The employer must obtain a DOL certification that qualified US workers are unavailable to fill the position being offered to the alien.
An immigrant petition filed with USCIS by the employer to have the alien employee classified as a qualified immigrant is not the final step to obtain LPR. Rather, if approved by USCIS it is a necessary preliminary step if the employer chooses to sponsor their alien employee so that employee may remain in their employ indefinitely. Once the alien is found qualified by USCIS within one of the groups to which Congress has given preference for immigration, he or she can then apply for LPR status.
When the alien is in the United States and is found to be eligible by USCIS, their application can be made to “adjust status” to that of a LPR. In adjustment cases, the employment-based petition may be filed concurrently with the adjustment application provided an immigrant visa number is available. If a visa number is not available, the petition must be filed separately.
Filing immigrant petitions on behalf of foreign workers is one way in which the US Department of Homeland Security (DHS) can discover that the employer may be violating the employment eligibility verification requirement of the Immigration Reform and Control Act of 1986. The DHS has indicated that it will use information obtained from immigrant petitions filed by employers to investigate employers and possibly impose sanctions. In addition, it is DOL policy to notify DHS when a labor certification application is received which indicates an alien is working in the US without authorization. Consequently, employers must be careful to follow procedures set by DHS in verifying that all employees are authorized to work and to seek LPR status only for those alien employees who are authorized to work in the US.
Guidelines:
Revised January 2009
University Sponsored Labor Certification Application: To be in compliance with federal regulations, Clemson University requires that the hiring department pay all costs associated with the filing of University Sponsored Permanent Labor Certification Applications, ETA-9089 for all employees.
Tenured and Tenure-track Faculty: For tenured and tenure-track international faculty, the hiring department will provide up to $5,000.00 to support the permanent residency application process. Only one of the immigration attorney(s) designated by Clemson University and approved by the South Carolina Attorney General's office can be used for this purpose. Departments should contact the Office of International Affairs for the list of designated immigration attorneys.
Non-tenured and Non-tenure-track Faculty: For non-tenured or non-tenure-track faculty positions, there is no expectation that the hiring department will pay legal fees. The department may choose to offer a taxable bonus up to $5,000.00 to be paid to the faculty member, minus the costs associated with preparing and filing Permanent Labor Certification Application, to help defray costs associated with the process. If the hiring department pays for any portion of the permanent residency process, an attorney designated by Clemson University must be used.
Sponsorship With No Payment: If an employee is paying all costs associated with the permanent residency application process (labor certification is not required), Clemson University may sponsor the employee for lawful permanent residence. In that case, please contact OIA for detailed information.
Payment of Legal Fees by Clemson University: If an attorney designated by Clemson University must be used or is used, the attorney will invoice the University through the General Counsel's Office and the Office of International Affairs will invoice the hiring department and make payment to the attorney. The department must fill out OIA Form 450 and submit it to the Office of International Affairs before any payments will be approved.
Signature Authority: The Office of International Affairs (OIA) is the only Clemson University office authorized to sign any immigration documents on behalf of Clemson University.