Immigration Sponsorship Policies
The four policies on this page are vital to understand when your department or unit is hiring an academic employee with citizenship outside the United States (a "foreign national"). International Services is here to answer your immigration questions throughout the hiring process.
Academic Appointment Policy
Cornell University can only sponsor foreign nationals for work in certain academic job titles. Below is the full list of job titles for which Cornell will act as the immigration sponsor. Foreign nationals may hold other nonacademic positions at the university, if they have already gained work authorization through U.S. Citizenship and Immigration Services (USCIS).
Academic titles may not be used for appointments in administrative or other nonacademic units. The following authorized academic titles are primary titles. Secondary (administrative) titles such as dean, director, and provost are not included.
Academic Titles Used at Cornell
- Professor (adjunct or acting)*
- Associate Professor (adjunct or acting)*
- Associate Teaching Professor
- Assistant Professor (adjunct or acting)*
- Assistant Teaching Professor
- Instructor*
- Senior Lecturer*
- Lecturer*
- Senior Scholar*
- Senior Scientist*
- Senior Research Associate
- Research Associate
- University Professor
- Professor Emeritus
- Professor-at-Large
- Professor of the Practice*
- Associate Professor of the Practice*
- Assistant Professor of the Practice*
- Research Professor*
- Associate Research Professor*
- Assistant Research Professor*
- Clinical Professor*
- Associate Clinical Professor*
- Assistant Clinical Professor*
- Senior Extension Associate
- Extension Associate
- Postdoctoral Associate
- Postdoctoral Fellow
- Teaching Associate
- Teaching Professor
- Research Intern/Intern
- Visiting Fellow
- Visiting Critic
- Visiting Scholar
- Visiting Scientist
- Librarian
- Associate Librarian
- Senior Assistant Librarian
- Assistant Librarian
- Archivist
- Associate Archivist
- Senior Assistant Archivist
- Assistant Archivist
*These titles may also be modified by adding "Visiting." Only one modifier may be used with a title.
Waiver of Academic Appointment Policy
In rare cases, Cornell may waive the academic position policy. Waivers to hire nonacademic workers may only be requested by a temporary worker’s hiring unit or department. The prospective foreign national employee may not request a waiver of the policy.
The waiver is meant for high-level positions or very specialized roles, in cases where the hiring unit has exhaustively tested the U.S. labor market.
Get the waiver request form.
Permanent Residency Sponsorship Policy
Cornell only sponsors foreign nationals for permanent residency for permanent academic positions. Postdoctoral associates or fellows and those with "visiting" or "temporary" in their job titles are not considered permanent employees and do not qualify for Cornell sponsorship.
Positions with renewable terms without a maximum time limit, such as research associates, may be eligible for permanent residency sponsorship only if the position has the expectation of continued employment.
Hiring Outside Immigration Counsel to Represent the University: Transaction Authority Policy
It is Cornell University policy that all employment-based immigration petitions and applications filed by Cornell must be processed through International Services. While we are dedicated to providing high-quality and timely guidance on a wide array of issues commonly faced by campus units hiring foreign nationals, on rare occasions where a matter requires more specialized expertise, we may recommend that you work with outside immigration counsel.
To ensure we are poised to respond efficiently in those situations, International Services and the Office of General Counsel (OGC) have firms on retainer to provide certain types of immigration services as a complement to the work of International Services. If you require the assistance of outside counsel, please discuss the need with Laura Taylor in International Services. If it is determined that outside counsel is necessary, International Services will select and work with OGC to retain an appropriate firm to assist with your matter.
Note: Under University Policy 4.2 (Transaction Authority), only OGC is authorized to sign contracts for legal services provided to the university; accordingly, all new matters referred to outside counsel must be opened through OGC. Hiring units do not have authority to engage outside counsel on behalf of Cornell University. Engagement letters for legal services provided to Cornell University (or to any of its colleges, units, or programs) must be signed by OGC. The requesting unit may not sign an engagement letter for legal services.
FAQ
Why must outside counsel be retained by the university, rather than the foreign national?
Although the foreign national is the intended beneficiary of an employment-based immigration petition, it is the university that files the petition with the federal government. Cornell must ensure that its filings are accurate and adhere to the university’s internal policies and procedures.
Do International Services and OGC have an ongoing role? Who can I contact if I have problems with an outside attorney?
Outside counsel are accountable, and should be considered to be reporting to, in-house attorneys in OGC. However, there may be situations where it is more efficient for designated representatives from the hiring unit to communicate directly with the outside attorney. In such cases, we ask that you copy the OGC attorney and International Services on your communications and keep the OGC attorney and International Services informed on a regular basis on all material developments in the matter.
Who is responsible for paying the legal fees?
The hiring unit is responsible for paying the legal fees and must provide an internal account number to OGC for invoicing purposes when a new matter is opened. OGC will review outside immigration counsel’s invoices and forward them to the hiring unit. The hiring unit must pay the fees within 30 days from the date of notice by OGC.
Can the foreign national’s salary be modified or reduced to cover legal fees and costs?
No. The employer must pay all relevant fees for an employment-based visa. Cornell University may not require the foreign national employee to assume or share in the costs associated with preparing and filing an employer-sponsored immigration petition.
This is for two reasons. First, when an employer files a petition, it assumes certain obligations including the payment of a certain wage. Federal regulations strictly prohibit the university from deducting from a foreign national's salary its business expenses (including legal fees or costs) associated with filing the petition. Second, it is important for the university to establish the primary attorney-client relationship by, among other things, assuming full responsibility for the legal fees and costs associated with the representation.
Can the department modify or reduce the amount of research, professional development, or other funds given to the employee to cover the legal fees and costs?
No. As a rule, employers cannot treat foreign nationals less favorably than similarly situated U.S. citizens or permanent residents. Foreign nationals are entitled to the same benefits and conditions of employment that Cornell University provides for their colleagues employed in the same or similar capacities.
It would be inappropriate for a department to deduct its costs associated with its immigration petition from funds that the employee otherwise is entitled to receive or is normally given. Even if done without any ill intent, reducing benefits or negatively altering working conditions may risk prompting allegations of unfair or even discriminatory treatment.
Who is responsible for legal fees and costs related to the employee’s dependents?
The hiring unit is responsible for all fees related to the status requested for the foreign national employee being sponsored. If the university submits dependent immigration paperwork for an employee’s family members (spouse and/or children) prepared by an outside attorney engaged by the university, all dependent fees and costs generally must be paid for by the sponsored employee, unless otherwise specified by the hiring unit.
These dependent fees and costs include filing fees, legal fees, and any other costs or expenses associated with obtaining dependent visa status and/or filing of immigration paperwork on behalf of the employee's family members. The employee must send payment for fees and any necessary documentation for dependents along with petitions or applications filed by Cornell University with USCIS or other government agencies.
What if the foreign national wishes to obtain legal advice concerning their personal immigration needs?
International Services and OGC can only provide advice to Cornell University on issues regarding university employment. Neither International Services nor OGC will provide personal immigration advice or assist with individual personal immigration matters unrelated to university employment-based petitions.
If individual employees require legal counsel to support personal immigration needs (for example, permanent residency documentation for I-485 petitions, I-539 petitions, two-year home residency waiver applications, applications for an independent visa status by an employee’s family members, or other immigration paperwork for an employee’s family members), they must arrange, hire, and pay for their own immigration counsel. In accordance with applicable university regulations, International Services and OGC cannot provide specific attorney referrals for personal matters.
Required Immigration Consultation for New Permanent Teaching Positions
The hiring unit is responsible for scheduling meetings with the department, International Services, and incoming staff/faculty that have accepted a permanent teaching position (including tenure track faculty, as well as lecturer, instructors, and other teaching staff that have an expectation of permanent employment). The hiring unit must contact us soon after an offer has been accepted to schedule a meeting.
Failure to establish a timely meeting may result in critical deadlines being missed.
