Faculty members who are not U.S. citizens or legal permanent residents should not travel outside the United States without discussing the implications first with Edili Lopez (elopez@bates.edu), in the dean of the faculty’s office. 

Teaching and learning at Bates are greatly enhanced by diverse perspectives and life experiences of faculty and students. The College welcomes international faculty of high qualifications, and assists faculty members whenever possible in securing visas and permanent residency.

The Office of the Dean of the Faculty requires non-U.S. nationals teaching or hired to teach at Bates to pursue measures necessary to ensure that they can live and work in the United States legally. The non-U.S. national who has secured a faculty position must:

1) maintain current legal status in the appropriate visa category and notify the College of any anticipated change of status. Normally non-U.S. faculty members work at Bates on F-1 student visa optional practical training, H-1B visas, TN (Trade NAFTA) visas, or J-1 exchange visitor visas. Note: J-visa holders changing their visa to an H-IB visa must verify that they are not subject to the two-year foreign-residency requirement;

2) maintain a current passport and ensure his/her ability to travel outside of the U.S. and return legally in time to fulfill his/her teaching obligations to the College, and provide the dean of faculty’s office with a photocopy of every new I-94 form (front and back);

3) initiate his/her own permanent-residency petition if appropriate (tenure-track faculty members are expected to seek permanent residency as soon as possible after beginning their service to the College). Note: The filing of the first part of this application must be done within a limited time period (currently eighteen months) from the date the faculty member is selected;

4) manage all immigration matters pertaining to dependents;

5) bear expenses associated with immigration matters, including the compensation of immigration attorneys;

6) consult with the dean of the faculty before accepting salaries, stipends, or honoraria from any other institution, so that full compliance with U.S. Citizenship and Immigration Services (CIS) and Department of State (J-visa programs) regulations will be guaranteed;

7) inform the dean of the faculty’s office when he or she travels outside the United States (J-visa holders and those with permanent residency pending);

8) inform the dean of the faculty and the director of human resources as soon as U.S. permanent residency is secured;

9) maintain and renew the lawful permanent residency authorization (“green card”).

Faculty members are expected to register with the CIS if they are citizens or permanent residents of certain countries identified by the CIS as requiring registration. The dean of the faculty’s office can provide information.

In its efforts to assist faculty members with alien visas and immigration matters, the College will:

1) prepare documentation for J-1 exchange visitor visas in the SEVIS database;

2) provide general information about H-1B visa and permanent-residency requirements;

3) provide information necessary for the preparation by the foreign national’s legal counsel of a Labor Condition Application to the Department of Labor on behalf of the faculty member (required for an H1-B visa).

4) generate documentary materials as required to assist in the submission of a Labor Certification Application (PERM) required within eighteen months of hire so that it is on file if the faculty member ever decides to apply for permanent residency;

5) assist with supporting documentary evidence (such as copies of contracts, letters of support from the dean or department chair, etc.) as required;

6) provide a list of immigration attorneys available to assist non-U.S.-citizen faculty members at the faculty member’s expense. Note: The College requires that faculty members retain attorneys with a specialty in immigration law, since general-practice attorneys are not always apprised of the frequent and complex changes in immigration regulations;

7) retain an immigration attorney whose work has been vetted by the College and with whom the non-U.S.-citizen faculty members will work;

8) pay all attorney’s fees and government filing fees relating to H1-B visas and H1-B visa renewals; pay attorney’s fees and related filing fees for the U.S. Department of Labor’s PERM process, the first step in the permanent residency petition. For additional information concerning non-U.S. nationals in faculty positions and guidelines for bringing exchange visitors (teaching assistants, short-term scholars, speakers, visiting faculty or learning assistants) see website bates.edu/dof/teaching-and-advising/visa-guidelines/.

 

Please visit Visa Guidelines for more information.