External Legal Counsel
Prepared with the Office of General Counsel, this webpage provides an overview of University Policy 4.2 (Transaction Authority). It's important to understand that departments and units do not have authority to engage outside counsel on behalf of Cornell University.
Start with International Services
All employment-based immigration petitions and applications filed by Cornell must be processed through International Services. The International Services team is 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 when a matter requires more specialized expertise, we may recommend that you work with external immigration counsel. If you require the assistance of outside counsel, please email Laura Taylor, International Services director, to discuss your need.
To ensure we are poised to respond efficiently in these situations, International Services and the Office of General Counsel have firms on retainer to provide certain types of immigration services as a complement to the work of International Services. If it is determined that external counsel is necessary, International Services will work with the Office of General Counsel to retain an appropriate firm to assist with your matter.
Only the University May Retain Counsel
Under University Policy 4.2, only the Office of General Counsel is authorized to sign contracts for legal services provided to the university. Accordingly, all new matters referred to outside counsel must be opened through the office.
Engagement letters for legal services provided to Cornell University (or any of its colleges, programs, departments, or units) must be signed by the Office of General Counsel. Colleges, programs, departments, and units may not sign engagement letters.
Foreign nationals may not retain external counsel for employment-based immigration petitions sponsored by Cornell. 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.
Copy Us on All Legal Communications
External counsel is accountable and should be considered to be reporting to in-house attorneys in the Office of General Counsel. There may be situations, however, when it is more efficient for designated representatives from the hiring department or unit to communicate directly with the outside attorney.
In such cases, please copy International Services and the Office of General Counsel attorney on your communications and keep us informed on a regular basis on all material developments in the matter.
If you have questions or concerns about the immigration sponsorship process, contact International Services. If you have questions or concerns about outside legal services or billing, email Jennifer Casler-Goncalves, associate general counsel.
FAQ: Legal Fees and Personal Legal Advice
Who is responsible for paying the legal fees?
The hiring department or unit is responsible for paying all legal fees and costs and must provide an internal account number to the Office of General Counsel for invoicing purposes when a new matter is opened. The office will review outside 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 the Office of General Counsel.
Can the foreign national’s salary be modified or reduced to cover legal fees?
No. The employer must pay all relevant fees for an employment-based visa. Cornell 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?
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 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 spouse and/or children prepared by an outside attorney engaged by the university, all dependent fees and costs generally must be paid 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 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 with USCIS or other government agencies.
What if the foreign national wishes to obtain legal advice on personal immigration needs?
International Services and the Office of General Counsel can only provide advice to Cornell on issues regarding university employment. Neither International Services nor the Office of General Counsel 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, or applications for an independent visa status by an employee’s family members), they must arrange, hire, and pay for their own legal counsel.
We suggest directing employees to Legal Resources. While we do not endorse any of the options on this International Services webpage, they may be helpful for those seeking legal guidance.
