MEMORANDUM
TO: Presidents, State-Operated Campuses March 19, 2004
FROM: D. Andrew Edwards, Jr.
SUBJECT: Legal and Financial Support for Immigration Petitions and Applications
Filed on Behalf of Immigrant and Non-Immigrant Employees- New SUNY Contract
and Policy
Recent national and world events have focused renewed attention on the legal
requirements pertaining to foreign nationals coming to the United States for
employment. A review of the manner in which SUNY campuses handle immigration
applications for foreign employees has suggested that there is a need for greater
consistency in and clarification of the proper role of the campus in filing
and financing appropriate immigration applications and petitions.
This memorandum transmits a new policy on support for immigration petitions and applications filed on behalf of prospective and current State University employees. The policy recognizes the significant legal responsibilities that are placed on employers when hiring foreign employees. Since immigration law requires the employer (State University of New York) to petition on behalf of the employee for appropriate temporary non-immigrant status and to file the associated petitions with U.S. Citizenship and Immigration Services (USCIS), it is the policy of the State University that such petitions be prepared on behalf of the University and paid for by the University including all necessary legal and filing fees. Legal services in connection with such petitions shall be performed only by attorneys retained by the University through the Office of University Counsel. In those cases, where the University concludes that it is in its best interests to sponsor a foreign national for an immigrant visa ( "green card"), all legal services similarly, shall be provided on behalf of the University and financed by the campus in question. Generally, this will be limited to the recruitment and hiring of tenured or tenure-track faculty or researchers. Campuses that have heretofore provided visa support services for their employees through in-house staff may continue to do so at their discretion.
In addition, this is to advise you and your staff of the availability of a new State University contract for immigration-related legal services which will now be used to provide campuses with legal support for employment-based petitions and other immigration-related applications and procedures. The University has just entered into a five-year contract with the New York City law firm of Fragomen, Del Rey, Bernsen and Loewy, P.C. which is to be used and paid for by the campuses for 1) advice on legal requirements pertaining to the employment of foreign nationals and 2) preparation and filing of applicable immigrant (i.e. "green card") and non-immigrant petitions (i.e. H-1B, O-1, TN-1) where the campus has determined that it is in the interests of the institution to pay for and sponsor the prospective or current employee for appropriate employment-based immigration petitions and applications. Initial contact with the law firm should be made through the campus's assigned campus counsel. Appropriate campus hiring protocols should have been followed as well before contacting the law firm.
It is anticipated that this policy and contract will assist campuses in complying with the law and with recruiting the most highly qualified employees, including international faculty, in furtherance of University goals. Any questions pertaining to the policy or the Fragomen, Del Rey contract should be directed to the Office of University Counsel at 518-443-5400.
Attachment
Copy: Presidents, Community Colleges (for information only)
Human Resources Managers
Chief Academic Officers
Campus Counsel
Mr. Gosende
Mr. Lloyd
Dr. Ryder
Mr. Thomas