ISSS provides a variety of employment-based visa services, including preparation and filing of H-1B, TN, and E-3 petitions, and petitions for permanent residence through the EB-2 special handling labor certification process. The University recommends using ISSS services except in circumstances where ISSS recommends or requires the use of outside counsel. However, departments can choose whether to use ISSS or outside counsel.
Non-Immigrant Visa Petitions
When a department decides to sponsor an employee for a non-immigrant visa (H-1B, E-3, TN, O-1) and outside counsel will be retained, the department must write a brief letter, memo, or email to the Office of General Counsel (OGC)which includes the following information:
- The name of the employee and the employee ID
- The position the employee will hold
- What immigration service or visa is being sought
- The name and contact information of the outside counsel to be used
- How the attorney fees will be processed for the matter (see “Billing and Retainer Agreements” below)
The Department Chair or Division Head must also complete an Export Control Attestation form (following the template developed by the OGC and the University’s Export Control Officer. Forms must be returned to OGC (Kathy Bitterly).
Permanent Residence (“Green Card”)
Departments who decide to pursue an employer-sponsored permanent residence petition using outside counsel must also work with the Office of the General Counsel (OGC). For employer-sponsored permanent residency, the following criteria must be met:
- The employment must be long-term, indefinite in duration. The department must be able to commit to at least 3 years of employment and funding starting from the date the department informs the OGC in writing of their intention to sponsor the employee.
- The position must be non-training in nature. Training positions (for example, postdoctoral associates, medical residents, student employment) are by definition temporary, and unsuitable for permanent residence applications.
Departments should contact OGC (Kathy Bitterly) to initiate the process
Immigration Forms
When using outside counsel, forms must be signed by:
FORM | PURPOSE | MUST BE SIGNED BY |
USCIS Form G-28 | Gives outside counsel authorization to represent the University in immigration matters | Brian Slovut (OGC) |
Department of Labor ETA Form 9089 | Labor certification for permanent residency | Molly Hoffman (ISSS) |
USCIS Form I-129 | Employment-based petition for H-1B, E-3, TN, and O-1 visas | Department Head or Dean |
USCIS Form I-140 | Employment-based petition for permanent residency | Department Head or Dean |
USCIS Form I-485 Supplement J | Confirmation of valid job offer for employment-based permanent residency | Department Head or Dean |
Billing and Retainer Agreements
Where University funds will be used to pay attorney fees, the unit should obtain an estimate of fees and costs associated with filing the petition. After the department has reviewed the fee/cost schedule and has decided to cover all or a portion of those expenses, the following are acceptable ways to proceed:
- University of Minnesota funds may be used to pay the law firm directly.
- The employee pursuing an immigration petition may contract directly with an outside law firm.
- A third party (for example, UMP) may contract with and pay the outside law firm’s fees and costs.
The OGC will provide additional guidance on the options above.
