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Policy number: 7.33
Policy section: Human Resources
Revised Date:
1. Definitions
Definitions of capitalized terms used herein are set forth in Appendix A.
2. Purpose
The purpose of this policy is to establish a consistent University-wide framework for employment-based immigration sponsorship. The Policy is intended to support strategic recruitment and retention of highly qualified faculty and staff; ensure compliance with applicable federal immigration and employment laws; establish centralized institutional oversight of employment-based immigration matters; clarify the respective responsibilities of the International Office, the General Counsel, Human Resources, academic leadership, and administrative leadership; establish eligibility and approval standards for University-sponsored immigration; clarify financial responsibility for immigration-related expenses; protect University resources and legal interests; establish appropriate procedures for employment-based permanent residency sponsorship; and ensure that immigration sponsorship decisions are made consistently with applicable nondiscrimination requirements.
3. Policy Statement
The University may provide employment-based immigration sponsorship to support the recruitment and retention of highly qualified faculty and staff when such sponsorship advances institutional priorities, is consistent with applicable federal immigration and employment laws, and receives all required University approvals. Employment-based immigration sponsorship is a discretionary institutional decision. Sponsorship is not an employee benefit, entitlement, contractual right, or guarantee of continued employment, reappointment, promotion, tenure, or permanent residency.
The International Office is responsible for the operational administration and coordination of University-sponsored immigration matters. The General Counsel has authority over the University's legal position and legal strategy in employment-based immigration matters and may approve, modify, suspend, or discontinue an immigration matter when necessary to comply with applicable law or protect the University's legal interests.
No school, department, academic unit, administrative unit, hiring manager, supervisor, search committee, faculty member, or other University employee may promise, represent, authorize, or otherwise commit the University to immigration sponsorship except through the procedures established by this Policy.
4. Scope and Applicability
a. Covered Matters. This policy applies to University-sponsored employment-based immigration matters involving faculty, staff, researchers, and other employees, including requests for temporary or nonimmigrant employment authorization sponsored by SMU, H-1B status, O-1 status, E-3 status, TN status, other employment-based immigration classifications for which SMU may lawfully serve as petitioner or sponsor, and employment-based permanent residency sponsorship. The specific immigration classifications available to an employee or position will be determined under applicable federal law and by the University through procedures established by the International Office and General Counsel.
b. Matters Not Covered. This policy does not govern immigration matters that are exclusively personal to an employee, including family-based immigration, immigration petitions independently filed by an employee without University sponsorship, naturalization, personal adjustment-of-status matters except to the extent expressly addressed by a University-sponsored immigration procedure, dependent immigration matters, or other immigration benefits for which SMU is not the petitioner, sponsor, or employer. The International Office may provide general procedural information regarding such matters but does not undertake responsibility for them unless expressly authorized.
c. Individual Authority. No employee, department, hiring manager, search committee, dean, vice president, or other University official may independently retain counsel, submit an employer-sponsored immigration petition on behalf of SMU, or otherwise represent that the University has agreed to sponsor an employee without the approvals required by this policy.
5. General Principles
a. Sponsorship Is Discretionary. Meeting the eligibility criteria described in this policy does not create a right or entitlement to sponsorship. In determining whether to sponsor an employee, the University may consider institutional need, strategic importance of the position, position requirements, anticipated duration and permanence of the position, recruitment considerations, availability and stability of funding, workforce planning, retention considerations, the employee's qualifications, the availability and suitability of an applicable immigration classification, the University's ability to satisfy applicable employer requirements, the likelihood that the proposed immigration strategy can be successfully pursued, legal and regulatory considerations, and other legitimate institutional considerations. The University may establish additional criteria or procedures through administrative guidelines.
b. Sponsorship Does Not Guarantee an Immigration Outcome. University approval of sponsorship does not guarantee issuance of a visa, approval of an immigration petition, approval of a labor certification, approval of an application for permanent residency, availability of an immigrant visa number, approval of adjustment of status, approval of consular processing, a particular processing time, or any other immigration benefit. Immigration decisions are made by federal government agencies, and their requirements, procedures, processing times, and adjudications are outside the University's control.
c. Sponsorship Does Not Guarantee Employment. Immigration sponsorship does not create or modify an employee's employment relationship with the University. Sponsorship does not guarantee initial employment, continued employment, reappointment, promotion, tenure, salary, renewal of a term appointment, continuation of funding, or any particular employment term or benefit. Employment decisions remain subject to applicable University policies, appointment terms, faculty governance requirements, and applicable law.
d. Institutional and Legal Authority. The International Office administers employment-based immigration sponsorship operationally. The General Counsel has authority concerning the University's legal interests, legal interpretation, and legal strategy in employment-based immigration matters. The General Counsel may require review of any immigration matter and may direct that a particular immigration strategy be modified, deferred, or discontinued. The President, Provost, deans, vice presidents, and other authorized University officials retain responsibility for institutional, academic, employment, and budgetary decisions within their respective authority.
6. Nonimmigrant Employment-Based Immigration Sponsorship
a. General Standard. The University may sponsor eligible employees for nonimmigrant employment classifications when the position and employee satisfy applicable federal requirements; the position is appropriately authorized and funded; the proposed immigration classification is appropriate for the position and employee; the University can satisfy all applicable employer obligations; the sponsorship is consistent with institutional needs and University priorities; and all required University approvals have been obtained.
b. H-1B Sponsorship. The University may sponsor eligible faculty, staff, researchers, and other employees for H-1B status when the position and employee satisfy applicable federal requirements. H-1B sponsorship will be evaluated based on the position's duties and requirements, the employee's qualifications, compensation, work location, funding, appointment duration, applicable wage requirements, required Department of Labor and U.S. Citizenship and Immigration Services requirements, and the University's ability to satisfy all applicable employer obligations.
c. Other Nonimmigrant Classifications. The University may sponsor other employment-based nonimmigrant classifications when appropriate and legally available, including classifications such as O-1, E-3, TN, or other categories authorized under applicable federal law. The International Office, in consultation with the General Counsel and Immigration Counsel as appropriate, will determine the appropriate immigration classification and processing strategy.
d. Staff Sponsorship. Employment-based nonimmigrant sponsorship for staff will generally be considered on a case-by-case basis. Relevant considerations may include whether the position qualifies for the requested immigration classification; the long-term institutional need for the position; the nature and duration of the appointment; recruitment considerations; availability and stability of funding; the employee's qualifications; workforce planning; institutional priorities; and the University's ability to satisfy applicable immigration requirements.
7. Employment-Based Permanent Residency Sponsorship
a. General Standard. The University may sponsor eligible employees for employment-based permanent residency when the University determines that sponsorship is consistent with institutional interests and the employee and position satisfy the requirements of an applicable employment-based immigration category. Permanent residency sponsorship is discretionary and is not an entitlement. The University will determine the appropriate employment-based immigration strategy in consultation with the General Counsel and Immigration Counsel as appropriate. The University is not required to pursue a particular immigration category merely because an employee may qualify for that category. Potential employment-based pathways may include labor-certification-based and non-labor-certification-based categories authorized under federal law.
b. Tenure-Track and Tenured Faculty. Tenure-track and tenured faculty positions are generally eligible for consideration for University-sponsored employment-based permanent residency. For an eligible tenure-track or tenured faculty member, the International Office will initiate the review process after receiving the required documentation and approvals from the sponsoring academic unit. The University will ordinarily seek to proceed with permanent residency sponsorship for an eligible tenure-track or tenured faculty member when the position is appropriately permanent; the faculty member meets the requirements of the proposed immigration classification; the underlying recruitment and selection process satisfies applicable immigration requirements; required University approvals and funding are in place; and the University determines that the proposed sponsorship is legally and institutionally appropriate. Nothing in this section guarantees that a particular faculty member will qualify for a particular immigration category or that the University will be able to file a successful petition or labor certification.
c. Faculty Special Recruitment. Where federal law permits the use of special recruitment procedures for college and university teachers, the University may use those procedures when the position and recruitment process satisfy the applicable requirements. The sponsoring academic unit must cooperate with the International Office, Human Resources, the General Counsel, and Immigration Counsel from the time of the faculty search and selection process. The academic unit must maintain documentation sufficient to establish compliance with applicable federal recruitment and selection requirements, including the position description, recruitment authorization, advertisements, dates and locations of recruitment, recruitment sources, applicant information, search committee or selection reports, the basis for selection, the qualifications of the selected candidate, and other documentation required by federal law.
Where the special recruitment procedures under applicable federal law are used, the University must be able to document that the sponsored faculty member was selected through a qualifying competitive recruitment and selection process and was more qualified than the U.S. workers who applied, as required by applicable law. The sponsoring academic unit must notify the International Office promptly after selection of a candidate for whom permanent residency sponsorship may be appropriate.
Where the special recruitment procedures under 20 C.F.R. § 656.18 are applicable, the University must comply with the federal deadline for filing the labor certification application. Departments and academic units are responsible for timely cooperation with the International Office, Human Resources, the General Counsel, and Immigration Counsel so that applicable deadlines can be met.
d. Non-Tenure-Track Faculty. Non-tenure-track faculty positions are not automatically eligible for permanent residency sponsorship. Permanent residency sponsorship may be considered when the position is sufficiently permanent and when an exceptional or significant institutional need exists. Consideration may include whether the position is expected to continue for the foreseeable future; the nature and duration of the appointment; the strategic importance of the position; recruitment and retention considerations; the availability and stability of funding; the employee's qualifications; whether the position satisfies the requirements of an applicable immigration category; and whether the proposed sponsorship is consistent with institutional priorities.
Sponsorship requires recommendation by the appropriate academic leadership, review by the International Office, consultation with Human Resources and the General Counsel as appropriate, confirmation of funding, and approval by the Provost or the Provost's designee.
e. Research Faculty and Research Personnel. Research faculty and other research personnel may be considered for employment-based permanent residency on a case-by-case basis when the position is sufficiently permanent and the employee and position satisfy an applicable immigration category. Postdoctoral, visiting, temporary, and short-term research appointments are generally not eligible for University-sponsored permanent residency unless an exception is approved under this policy.
f. Staff Positions. Staff positions are not presumptively eligible for University-sponsored employment-based permanent residency. Exceptional sponsorship may be considered when the position represents a significant and continuing institutional need; the position is sufficiently permanent under applicable immigration law; the position and employee satisfy an applicable immigration category; recruitment and employment requirements have been satisfied; funding is available; sponsorship is consistent with University workforce planning; and the proposed sponsorship is determined to advance a significant institutional interest.
Staff permanent residency sponsorship requires recommendation by the International Office, Human Resources, and the appropriate Vice President and approval by the President or the President's designee, unless another approval structure is expressly established by the University.
g. Visiting and Temporary Appointments. Visiting faculty, visiting scholars, temporary employees, short-term appointments, and other positions that are not reasonably expected to continue on a permanent basis are generally not eligible for University-sponsored permanent residency. An exception may be considered where permitted by applicable law and approved under the exception process established by this policy.
8. Recruitment and Employment Requirements
a. Good-Faith Recruitment. All University recruitment must be conducted in accordance with applicable University hiring procedures and federal and state employment laws. Immigration sponsorship must not be used as a basis for manipulating, tailoring, or improperly restricting a recruitment process. Job descriptions, minimum qualifications, selection criteria, advertisements, interviews, and hiring decisions must reflect legitimate, job-related institutional requirements. No University employee may create or modify a position, qualification, recruitment process, or selection criterion solely or primarily to facilitate an individual's immigration sponsorship.
b. Immigration Considerations During Recruitment. Search committees, hiring managers, and other individuals involved in recruitment may not make unauthorized commitments concerning immigration sponsorship. Questions concerning an applicant's immigration status or need for sponsorship must be handled in accordance with applicable law and University guidance. The International Office and Human Resources may establish procedures and guidance concerning permissible immigration-related questions during recruitment.
c. Faculty Recruitment Records. Academic units participating in faculty recruitment must maintain recruitment records in accordance with University records-retention requirements and applicable immigration requirements. The academic unit must provide records requested by the International Office, Human Resources, the General Counsel, or Immigration Counsel in connection with an immigration matter. Failure to provide required recruitment documentation may prevent the University from pursuing or continuing a permanent residency case.
9. Approval Process
All employment-based immigration sponsorship requests must be submitted through procedures established by the International Office. At a minimum, requests must identify the employee or prospective employee, the position, the sponsoring unit, the proposed immigration classification if known, the anticipated duration of employment, available funding, the institutional rationale for sponsorship, the requested timing, and any other information required by the International Office, Human Resources, or the General Counsel.
Faculty nonimmigrant sponsorship requires approval under applicable International Office procedures and confirmation of the position, appointment, funding, and other required employment information.
Faculty permanent residency sponsorship requires recommendation from the appropriate academic unit, confirmation of position and funding, International Office review, Human Resources consultation as appropriate, General Counsel/legal review as appropriate, approval by the Provost or the Provost's designee, and completion of any additional approvals required by University procedures.
Staff permanent residency sponsorship requires recommendation from the sponsoring unit, review by Human Resources, review by the International Office, consultation with the General Counsel, recommendation by the appropriate Vice President, and approval by the President or the President's designee.
10. Financial Responsibility
a. General Requirement. The sponsoring unit must identify an appropriate funding source before immigration sponsorship activities begin. No University employee may commit University funds for immigration sponsorship without the approvals required by this policy and applicable University financial procedures.
b. University-Sponsored Costs. The University will pay or arrange for payment of costs that applicable law requires the University, as employer or petitioner, to bear. Depending on the immigration matter and University procedures, University-sponsored costs may include employer-required attorney fees, government filing fees for employer petitions, labor certification recruitment expenses, required advertising, other employer-required immigration expenses, and other costs approved by the University.
c. Employee Costs. Employees are generally responsible for immigration expenses that are personal to the employee rather than required to be paid by the University as employer or petitioner, including expenses associated with dependents and personal immigration matters, to the extent permitted by law and University policy. The employee may retain separate immigration counsel at the employee's expense for personal immigration advice. The University generally will not pay immigration-related legal fees or filing expenses for an employee’s spouse or dependents. In exceptional circumstances, the University may pay for such expenses with the prior approval of the President or the President’s designee.
d. Permanent Labor Certification Costs. Where the University pursues permanent labor certification, the University will comply with all applicable federal requirements concerning payment of labor-certification-related costs. The University will not seek reimbursement from an employee for costs that applicable federal law requires the employer to bear.
e. Premium Processing. Payment for premium processing or other expedited services will be determined under procedures established by the University and may depend upon the nature and purpose of the request. Premium processing does not guarantee approval of an immigration petition.
f. No Unauthorized Financial Commitments. No department, academic unit, supervisor, employee, or other University representative may retain immigration counsel or incur immigration-related expenses on behalf of the University without the required authorization.
11. Immigration Counsel
a. University Counsel. Outside Immigration Counsel for University-sponsored matters must be selected, retained, or approved through the University's General Counsel. Departments and employees may not independently retain counsel to represent SMU in an employer-sponsored immigration matter.
b. Representation of the University. Unless expressly agreed otherwise in writing and permitted by applicable professional-responsibility rules, Immigration Counsel retained by the University for an employer-sponsored immigration matter represents the University as the employer or petitioner. Representation of the University does not necessarily constitute representation of the employee individually. Employees may retain independent counsel at their own expense for personal immigration advice.
c. Communications with Counsel. The International Office will coordinate routine communications with Immigration Counsel concerning University-sponsored cases. Departments, academic units, and employees must cooperate with reasonable requests from Immigration Counsel, the International Office, Human Resources, or the General Counsel.
12. Employee Responsibilities
An employee receiving University-sponsored immigration assistance must provide complete and accurate information and documentation; promptly respond to requests from the International Office, Human Resources, the General Counsel, or Immigration Counsel; comply with applicable immigration requirements; timely provide information necessary for petitions, applications, labor certifications, and other filings; promptly notify the International Office of material changes in immigration status; promptly notify the University of changes that may affect an immigration matter, including changes in employment, work location, duties, compensation, or appointment; comply with all applicable deadlines communicated by the University; provide accurate information concerning prior immigration history and employment authorization; refrain from independently filing an employer-sponsored petition on behalf of the University; and refrain from representing to any governmental agency or third party that the University has approved sponsorship unless such approval has been formally granted. An employee's failure to provide timely or accurate information may delay, prevent, or result in withdrawal of an immigration filing.
13. Changes in Employment
Because immigration authorization may depend on the employee's specific position, duties, compensation, work location, and employer relationship, the sponsoring unit must consult the International Office before implementing a material change involving a sponsored employee. Material changes include a change in job title, a material change in duties, a change in work location, a transfer between University units, a significant change in compensation, a change in appointment status, a leave of absence, a reduction in employment, termination, resignation, retirement, nonrenewal, a change from faculty to staff or staff to faculty, or another material change in the employment relationship.
The International Office, in consultation with the General Counsel and Immigration Counsel as appropriate, will determine whether an amendment, new filing, notification, withdrawal, or other immigration action is required or advisable. No department may implement a material employment change for a sponsored employee without following applicable University procedures.
14. Termination, Resignation, and Withdrawal of Sponsorship
The University may decline to initiate, modify, suspend, or discontinue an immigration sponsorship process when permitted by law. Circumstances that may result in modification or discontinuation include termination or resignation of employment; expiration or nonrenewal of the underlying appointment; elimination or substantial change of the position; loss or insufficiency of funding; failure to satisfy applicable immigration requirements; failure to provide required documentation; material inaccuracies or omissions in information provided to the University; changes in federal immigration law or policy; changes in government processing or adjudication requirements; determination that the proposed immigration strategy is no longer legally viable; determination that continued sponsorship is no longer in the University's institutional interest; or other circumstances permitted by applicable law.
The University will comply with applicable legal requirements concerning withdrawal, notification, termination, or other action relating to an immigration petition or employment authorization.
15. Permanent Residency Does Not Guarantee Continued Employment
University sponsorship of permanent residency does not alter the terms or conditions of the employee's appointment. Approval or filing of an employment-based permanent residency petition does not guarantee continued employment, reappointment, tenure, promotion, a fixed term of employment, or continued University sponsorship. Faculty employment decisions remain subject to applicable faculty appointment and governance procedures.
16. Nondiscrimination and Equal Employment Opportunity
Nothing in this policy authorizes discrimination in recruitment, hiring, compensation, promotion, assignment, termination, or other employment decisions on the basis of race, color, religion, sex, national origin, citizenship status, immigration status, or any other characteristic protected by applicable law. Sponsorship decisions will be made consistent with applicable federal and state nondiscrimination requirements. Nothing in this policy requires the University to sponsor an individual or position when sponsorship is not legally available or when the University has a legitimate, nondiscriminatory institutional basis for declining sponsorship. Departments and hiring officials must consult Human Resources or the General Counsel when an immigration-related employment decision raises a question concerning applicable nondiscrimination requirements.
17. Records, Confidentiality, and Information Management
The International Office will maintain institutional records concerning University-sponsored immigration matters in accordance with applicable law and University records-retention requirements. Academic units, departments, Human Resources, and other University offices must provide information and documentation reasonably necessary to administer immigration sponsorship and demonstrate compliance with applicable law. Immigration and employment records will be handled in accordance with applicable privacy, confidentiality, records-retention, and University requirements. Nothing in this policy creates a right of access to immigration records beyond rights provided by applicable law or University policy.
18. Administrative Procedures and Guidelines
The International Office, in consultation with the General Counsel, Human Resources, the Provost's Office, and other appropriate University offices, may establish administrative procedures and guidelines necessary to implement this policy. Administrative procedures may address specific immigration classifications, forms and submission procedures, required documentation, processing timelines, government filing fees, attorney fees, premium processing, recruitment requirements, permanent residency procedures, employee and departmental responsibilities, case-management procedures, records retention, travel and work authorization considerations, changes in employment, and other operational matters. Administrative procedures may be revised as necessary to reflect changes in federal immigration law, government procedures, University practices, or institutional priorities without requiring amendment of this policy, provided that such procedures are consistent with this policy.
19. Exceptions
The President, Provost, or their respective designee may approve an exception to an eligibility or procedural provision of this policy when the exception is consistent with applicable law, advances a legitimate institutional interest, and has been reviewed by the International Office, Human Resources, and the General Counsel, as appropriate. No exception may authorize conduct prohibited by federal immigration or employment law.
20. Interpretation and Legal Compliance
This policy will be interpreted and administered consistent with applicable federal immigration and employment laws, regulations, agency requirements, and University policies. If a provision of this policy conflicts with applicable law, the law will control. The General Counsel is responsible for resolving questions concerning the legal interpretation of this policy. The International Office is responsible for administering the policy and associated immigration procedures.
21. Questions
Questions concerning employment-based immigration sponsorship should be directed to the International Office. Questions involving the University's legal obligations, legal strategy, or interpretation of applicable law may be referred to the General Counsel.
Appendix A: Definitions
"Employment-Based Immigration Sponsorship" means any University-supported immigration process in which the University serves, or is expected to serve, as an employer, petitioner, sponsor, or supporting entity for an employee's authorization to work in the United States or for employment-based permanent residency.
"Nonimmigrant Status" means a temporary immigration classification permitting an eligible foreign national to remain and, where authorized, work in the United States for a specified period and under specified conditions.
"Permanent Residency" means lawful permanent resident status in the United States, commonly referred to as a "green card."
"Sponsored Employee" means an employee for whom SMU has formally approved an employment-based immigration sponsorship request.
"Sponsoring Unit" means the school, department, academic unit, administrative unit, or other University organizational unit responsible for the employee's position and, where applicable, the funding associated with the sponsorship.
"Immigration Counsel" means an attorney or law firm retained or approved by the University to provide legal services concerning a University-sponsored immigration matter.
Adopted: October 9, 2026