Responsibilities of Acting Parties
Responsibility of William & Mary
William & Mary will authorize the state appointed immigration attorney to file an application for labor certification and/or permanent residency, provided that the request has been reviewed and approved by the Assistant Director of the International Students and Scholars in the Reves Center. He/she will sign the G-28, authorizing the immigration attorney to file the petition on behalf of the College. The College bears no further responsibility for the Labor Certification application nor the application for permanent residency and cannot guarantee to an employee that it will obtain permanent residency for him/her. The College also reserves the right to end the sponsorship process at any time.
Responsibility of the Academic Department
Upon acceptance of a tenure track or permanent faculty position, the academic department hiring the foreign national will refer him/her to the Reves Center for advising with regard to his/her immigration status and eligibility for permanent residency. The chair of academic department and dean of the respective school will also sign the Permanent Residency Sponsorship Agreement (pdf) authorizing the Reves Center to proceed with the permanent residency referral.
Responsibility of the Reves Center for International Studies
The Director of International Students, Scholars, and Programs (currently [[sjsech, Steve Sechrist]]) coordinates the permanent residency sponsorship process with the employee, attorney, and employing department. He compiles the recruitment report for the Labor Certification Application and as the representative of the university, reviews and signs the respective applications prepared by the attorney.
For those sponsored for H-1B status by William & Mary, the Reves Center will provide a cover letter with the H-1B approval notice reminding the employee of the necessary time frame. The Reves Center is responsible for assisting the employee in securing the appropriate non-immigrant status until the permanent residency application is approved or the employee is no longer employed by the university.
Responsibility of the State-Appointed Immigration Attorney
The state appointed immigration attorney acts on behalf of William & Mary, and will file a petition for an employee on behalf of the university if the G-28 has been signed by the Director or Assistant Director of the Reves Center. In addition to filing the applications, the immigration attorney handles all relevant correspondence with the federal government and serves as the primary advisor to the employee with regard to the permanent residency application.
Note: The G-28 is not required in cases where the employee is petitioning for him/herself (i.e. Extraordinary Ability and National Interest Waiver petitions).
Responsibility of the Sponsored Employee
It is the responsibility of the sponsored employee to ensure that he/she maintains a legal immigration status for the duration of his/her employment at the university. This responsibility includes providing the requested documents to the Reves Center and state-appointed immigration attorney in a timely manner so that they may file the necessary immigration applications on his/her behalf.
For permanent residency applications sponsored by the university (i.e. the Labor Certification and the I-140), the services of the state-appointed immigration attorney will be used. For Stage 3 of the process (I-485), the sponsored employee may file his/her own petition or use any attorney of his /her choice. Use of outside attorneys is covered in the Memorandum to Attorneys (pdf).