Policies and Procedures

SP 3-05a Employment of Foreign Nationals

COLORADO COMMUNITY COLLEGE SYSTEM

SYSTEM PRESIDENT’S PROCEDURE

Employment of Foreign Nationals

SP 3-05a

APPROVED:      July 9, 2018

EFFECTIVE:       July 9, 2018

REFERENCE:    Immigration Reform and Control Act of 1986, Immigration Act of   1990, Illegal Immigration Reform and Immigrant Responsibility Act of 1996

APPROVED:

__/ Nancy J. McCallin /_______

Nancy J. McCallin, Ph.D.

System President

Purpose

The Colorado Community College System (CCCS or System) supports broad recruitment in filling positions within the system and recognizes we are competing in a global market for a highly qualified workforce.

Scope

This procedure applies to the employment of foreign nationals at the System Office as well as the Community Colleges (Colleges) within the System.

Basis

CCCS’s practices are consistent with U.S. regulations governing the employment of foreign nationals, the issuance of certificates of eligibility, and the filing of petitions for both temporary and permanent employment authorizations. All appointments, at whatever level they are made, are contingent upon the prospective employee obtaining the appropriate immigration status, and the term of appointment may not exceed the duration of the employee’s immigration status. Employment is not guaranteed through the expiration of an employee’s immigration Visa.

Procedure

The Colleges or the System Office have the discretion to pursue petitions for employment eligibility based on business need but are not required to do so.  CCCS only supports petitions that it authorizes through its approval process. Petitions for temporary visas or labor certifications submitted without the signed approval of the System or College President or his/her designee, are not binding. Prior to submission of all the immigration documents, filed by the College or System Office, an attorney authorized by the Attorney General’s office to provide immigration services shall review and advise.

This procedure will not supplant other Board Policies, System President’s Procedures, or College specific procedures with regard to hiring practices. In all cases, regardless of visa type, the College must conduct a search if normally required for the position. In no circumstances will CCCS support filling a position requiring a petition through a direct appointment.  The College or System Office is responsible for all costs associated with the labor certification process, including legal fees and any future costs that would be incurred if the foreign national is involuntarily terminated.

CCCS’s success in obtaining temporary and permanent visas for its employees is dependent upon the timely filing of the appropriate documents with the U.S. government agencies named above. The College or System Office that is initiating the sponsorship of a foreign employee must consult System Legal or their designated and authorized representative prior to making a formal offer to a foreign national to ensure that he or she is eligible for the nonimmigrant classification necessary to accept the appointment. Once eligibility is established, System Legal or their designated and authorized representative must advise the College or System Office of the procedures and time frames required for the visa requested and facilitate the timely filing of applications.

Foreign national employees must perform only those functions and responsibilities that are consistent with the appointment and authorized by the U.S. Citizenship and Immigration Services. They can only begin performing services after having obtained all necessary government approvals to be employed at the College or System Office.

The decision to pursue permanent resident status for an employee is dependent on the interest of CCCS and will only be filed for individuals holding full-time appointments in permanent positions with a proven history of being hard-to-fill or which require a special skill. Permanent resident status cannot be pursued solely for the benefit of the foreign national employee. With approval of the System or College President, permanent residence petitions may be filed after the foreign national has been on an approved Visa for four years AND after an appropriate time of sufficient evaluation of performance, except when an exceptional circumstance exists as identified by the System or College President or his or her designee. Sponsorship for permanent residence may be undertaken only if there is sufficient justification that the proposed foreign national employee is uniquely qualified through experience, skill, and background or training, outside of that learned on the job in reference, to fill the available position.

When approval to pursue permanent resident status for an employee has been received, the hiring entity, under authorized legal guidance, will be required to follow current federal requirements for processing such petitions.

The College or System Office will be responsible for any required employer costs for permanent resident petitions. All other costs will be the responsibility of the foreign national employee.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.