Office of Academic Personnel

International Faculty

Overview

By facilitating and monitoring immigration compliance within a complex and ever-changing regulatory environment, and by providing timely and accurate guidance, the Office of Academic Personnel enables CSU, Chico to recruit and retain international scholars in support of the institution’s commitment to employing faculty of the highest quality reflecting the ethnic and cultural diversity of its student population.

Visa Sponsorship

California State University, Chico has a long tradition of hosting faculty and other academic personnel from around the world.  CSU, Chico sponsors certain faculty for H-1B visa status, which is used for employment in specialty occupations.  A specialty occupation is defined as a position that requires at least a Bachelor’s degree in a specific field and theoretical and practical application of a body of highly specialized knowledge in order to perform the job duties.

The H-1B visa is employer and job-specific and requires an employer to file applications with the U.S. Department of Labor and U.S. Citizenship & Immigration Services (USCIS) in order to sponsor an employee. This visa allows for an individual to work for up to six years. 

CSU, Chico sponsorship of H-1B visas is strictly limited to certain appointment titles only.  At CSU, Chico, Assistant Professor and Associate Professor appointments are commonly sponsored by departments for H-1B status.  Eligible jobs must be full-time and paid a CSU, Chico salary that meets the Department of Labor’s wage requirements, which for all CSUs are the salaries required by the CBA between CSU and CFA. The foreign beneficiary must be fully qualified for the job at the time the petition is filed with USCIS.

It is the responsibility of CSU, Chico to pay the USCIS fees on behalf of the beneficiary of the H-1B petition.  CSU, Chico may not be reimbursed by the beneficiary.  An exception is if a request for premium processing is for the employee’s personal reasons, then the premium processing fee can be paid by the employee.  CSU, Chico retains an attorney to prepare and file its H-1B petitions on behalf of the campus.  CSU, Chico will pay all attorney fees and costs incurred for those services.  As a professional courtesy, CSU, Chico will petition for the dependents of H-1B employees (giving them H-4 status) and pay the accompanying attorney fees and costs.  However, the USCIS filing fee for dependents is to be paid by the employee.  Qualifying H-4 members are the spouse and any unmarried children under 21 years of age of the principal H-1 visa holder. 

U.S. Permanent Residency Process

CSU, Chico is committed to providing assistance to international faculty in order to facilitate a seamless transition from their current visa type to a green card, within the boundaries of the law and our resources.  A permanent residency (green card) petition has the following three steps:

1. Permanent (PERM) Labor Certification (Special Handling Faculty)

The labor certification outlines the University’s recruitment efforts regarding the foreign national’s position and why the foreign national is more qualified than each U.S. worker who applied for the position, and provides other important information regarding the position and the foreign national’s qualifications.  The Department of Labor must approve this application before the foreign national can advance to the next step in the process.

It is CSU, Chico’s policy to file PERM cases with the Department of Labor for all eligible tenure-track faculty.  Because of the technical nuances within the law, and the time commitment involved with PERM cases, CSU, Chico is unable to devote the resources to filing PERMs for anything other than tenure-track teaching positions.  The PERM application must be filed with the Department of Labor within 18 months of the offer of employment.  Due to certain Department of Labor requirements, there is a minimum lead time of five months before the PERM application can be filed.  As such, the PERM application process should be started soon after the foreign national has been selected for a tenure-track position.

It is the responsibility of CSU, Chico to pay all fees and costs associated with the PERM labor certification process.  CSU, Chico retains an attorney to prepare and submit applications for PERM labor certifications on its behalf and is responsible for and pays all legal fees and costs incurred for those services.

2. Filing an I-140 Immigrant Worker Petition

Once a PERM application is certified (approved) by the Department of Labor, the I-140 Immigrant Worker Petition must be filed within six (6) months of the approval date of the PERM application.  The I-140 form is a an immigrant petition filed with USCIS indicating that CSU, Chico is sponsoring an alien worker as an immigrant in a permanent, full-time position with CSU, Chico.

Unlike the PERM application, there are no restrictions on who may pay for the fees and expenses associated with the I-140 petition.  It is CSU, Chico’s policy to not pay any fees or costs that are unrelated to the PERM labor certification process.  The sponsored foreign national faculty is responsible for all fees or costs that fall outside of the PERM labor certification process.  This includes, but is not limited to, any legal fees or costs associated with the I-140 petition and the I-140 filing fee. 

3. The I-485 Adjustment of Status

The last and final step in the permanent resident process is the filing of the I-485 Application to Adjust Status.  An I-485 is an  application filed by the foreign national to adjust their status to that of a permanent resident.  As stated above, it is CSU, Chico’s policy to not pay any fees or costs that are unrelated to the PERM labor certification process.  This includes, but is not limited to, any legal fees or costs associated with the I-485 application and the I-485 filing fee.