<Page Under Construction>

To view the Academic Affairs Policy on Support for Non-Citizen Probationary Faculty, visit the Administrative Memoranda website.

Effective July 2023, Academic Personnel Services (APS) is the official campus office for submission of visa applications. APS provides assistance to hiring units and international faculty on the required documentation needed to submit a complete visa application.

Here is some general information for the hiring unit and the international faculty member about the process:

• The H-1B visa is the appropriate status for Tenure-track faculty. Normally, an initial H-1B visa is valid for a three year period with an extension possible for a maximum of six years. The six year maximum includes all previous employment under this classification. The University does not sponsor or assist in the obtaining of H-1B status for non-tenure track faculty members. All temporary faculty and staff members must provide their own work authorization.

• The department chair, or college dean, may inquire if a prospective faculty member needs U.S. work authorization only after making an informal offer of employment. This information should not be shared with campus reviewers until a formal written offer of employment is accepted.

• All prospective faculty who are not U.S. citizens or permanent residents need to obtain an H-1B visa sponsored by Cal Poly Humboldt before they can begin employment. Prospective faculty who are on an H-1B visa at another institution (including other CSU campuses) must have a new H-1B processed with USCIS for employment at Cal Poly Humboldt to begin. 

• The hiring unit should contact Academic Personnel Services at 707-826-5086 as soon as a prospective faculty member has indicated that they are likely to accept a formal offer.

• Even on the most aggressive timeline (and with additional cost), it requires more than 2 months to get an H-1B visa approved from the time that the hiring unit submits the H-1B visa request packet and supporting materials.

• The H-1B visa application requires the hiring unit and the new international faculty member submit a number of documents. The New Faculty Coordinator will work with departments and new international faculty to ensure all documents are submitted in a timely manner.

• The hiring unit is responsible for paying the fees associated with the visa application. The new faculty member is responsible for all visa fees for family, spouses or dependents.

• Hiring units are encouraged to submit the application for Permanent Labor Certification (PERM) immediately after, or concurrently, with the materials for the H-1B visa application. The PERM application must be submitted within 18 months of the date of the formal written offer letter of employment. Please note that this step is critical if the prospective faculty will want to apply for Permanent Residency.

What is PERM?

• While the H-1B visa is a form of employer-specific work authorization that legally allows you to be employed by Cal Poly Humboldt, the path to Permanent Residency entails a separate process. The University initiates the filing of, and pays for attorney’s fees for, your Permanent Labor Certification Application (PERM). Once approved, the faculty member will take the certified PERM application (Form ETA 9089) to an attorney of their choice to assist them with the final stage of the permanent residency process.

The Faculty Member's Responsibility

During both the H-1B and Permanent Residency processes, there will be certain requirements and items that the prospective faculty member is responsible for. Below is a list of the most common; please note though, that it is not an exhaustive list. Please feel free to contact Academic Personnel Services if you have any questions.

H-1B Process:

During the H-1B process, prospective faculty members will need to provide a variety of documents to Academic Personnel Services. These documents include, but are not limited to, official transcripts, certified copies of degrees, copies of any previously issued visas, and passport copies. All documents submitted must be in English; if a requested document is not in English, it will need to be translated by a certified translator and submitted with a statement affirming the completeness and accuracy of the document. All information and documents will be submitted using the H-1B Beneficiary Information Form. Once all documents have been received, the University will submit the H-1B application on behalf of the prospective faculty member. 

As mentioned under the General Information section, the University will cover the filing fees and costs associated with the processing of the H-1B application and assist in obtaining the PERM certification, however it is the responsibility of the faculty member to determine their options in the final step to obtaining permanent residency. Prospective faculty are encouraged to discuss their particular circumstances with a licensed attorney to determine what is the best option for their particular situation.

Some of the available options to obtain Permanent Residency are below. The University strongly recommends you retain an experienced licensed immigration attorney to assist you with this process. Academic Personnel Services will work with your attorney to provide required materials and signatures to file your petition.

I-140/I-485

• The I-140 Immigrant Petition for Alien Worker and the I-485 Application to Register Permanent Residence or Adjust Status represent the final stage in your path to Permanent Residency. Cal Poly Humboldt does not pay for filing fees or attorney’s fees for the I-140, I-485, or related forms for Permanent Residency. As the faculty member, you are responsible for the fees and costs associated with this stage (regardless of which immigrant petition option you choose), as well as for retaining your own immigration attorney. Our office can provide referrals if needed. Our office will also work with your attorney to supply needed documentation for a successful application. Cal Poly Humboldt will only be responsible for the costs associated with the preparation and filing of the PERM Foreign Labor Certification Application.

EB-1(B) or EB-2

• Some international faculty may choose to file an EB-1(B), Employment-Based First Preference visa, for Outstanding Professors and Researchers; or EB-2 National Interest Waiver visa. These visas rely on higher and specific standards of achievement and/or recognition. If you are interested in these options, please consult an attorney to determine if they are appropriate for your case. Please note that the prospective faculty member is responsible for all the filing fees and costs associated with such immigrant petitions.

Other

Some international faculty have the option and choose to pursue Permanent Residency immigration paths through a family member. We strongly recommend you to contact an attorney to guide you in this process. Please notify our office if you choose this option.

Important: You must consult with a licensed attorney of your choice to advise you on any other immigrant options that are available to you.

Disclaimer: While the University and Academic Personnel Services make every effort to ensure the information displayed on this page is accurate, the changing nature of immigration regulations and timelines means we cannot guarantee such. We strongly encourage you to retain your own counsel to ensure your case is managed in a timely and professional manner.