Policy Number: 129Responsible Office: HR/Equal Opportunity and ComplianceEffective Date: 12/16/22
This policy applies to full-time faculty and administrators. For student immigration policies and procedures, visit International Student and Scholar Services.
This policy sets the guidelines for St. John’s University to sponsor foreign nationals for temporary employment authorization and/or applications for permanent residency based upon permanent employment within the United States. St. John’s University’s employment of foreign nationals is restricted to those who are authorized under law to accept employment in the United States.
As part of the employment process, all employees, including foreign nationals, are required to complete the federal United States Citizen and Immigration Service Form I-9 (Employment Eligibility Verification Form) no later than the end of the third day of employment.
The non-immigrant employee may not concurrently work for another employer while sponsored by the University without prior authorization.
To be eligible for the H-1B classification, the prospective position must be in a specialty occupation, and the employee must have the specialized academic credentials required for the position. (A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent). In addition, U.S. Department of Labor regulations require that the institution meet or exceed a determined minimum prevailing wage specific to the role and location, and that the employee be compensated with employment benefits equivalent to that of any other employee in the same position and level.
The H-1B classification is salary, location, job description, title, and employer specific. Therefore, the employee’s department must contact Equal Opportunity and Compliance (EO&C) to initiate (or analyze if the position needs an amendment) an amended petition prior to any substantive changes to the H-1B employee’s activities including, but not limited to, changes in employment, compensation, location of employment, duration of appointment, change in immigration status, and termination of activity. Failure to comply with these regulations may jeopardize the lawful immigration status of the foreign national and their family as well as the University’s ability to sponsor foreign national employees in the future.
Please review the immigration frequently asked questions located at the bottom of the Equal Opportunity and Compliance webpage.
St. John’s University, New YorkHuman Resources Policy Manual