I. Scope

The following identifies a timeline, eligibility and process for Earlham employees seeking Permanent Residency.

II. Policy

Earlham, through their chosen council, will facilitate the necessary process steps to pursue Permanent Residency for eligible tenure track teaching faculty and permanent administrative faculty.

Earlham’s processes follow available guidelines from the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS).

A. Timeline

  1. Earlham will initiate the Permanent Residency process for administrative faculty and tenure track teaching faculty no later than six months after the employee signs their offer of employment, or 15 days after their employment begins, whichever is later.
  2. The Permanent Labor Certification (PERM) application will be filed when appropriate within the context of the USCIS Permanent Residency Processes and Procedures. This will occur within 15 months after the official hire date.
  3. The I-140, Immigrant Petition for Alien Workers will be filed when appropriate within the context of the USCIS Permanent Residency Processes and Procedures and should the process reach this step under standard processing, the filing will occur within six months of the approval of the labor certification.
  4. Earlham shares the I-140 with the employee as soon as it is returned, and the employee is responsible for filing the I-485 in a timely manner.

B. Eligibility

  1. Earlham College and Earlham School of Religion consider eligible employees to include Tenure-Track Teaching Faculty and Permanent Administrative Faculty in specialized positions where H1B authorization has been secured.
  2. Earlham College will pay all associated fees for submitting application for Permanent Residency for eligible employees. This does not include fees for family members.
  3. Premium processing will be utilized only in the process of securing H1B authorization.

C. Transparency

  1. The College will post the immigration timeline and eligibility, as well as the process for reporting concerns about same on its public-facing website.
  2. This policy will be amended twice annually, if needed, to reflect changes in federal immigration policy.

D. Process for reporting concerns

  1. Reporting of a concern should be made to the supervisor of the employee.
  2. For teaching faculty, the supervisor is the Chief Academic Officer.
  3. The supervisor will confer with HR or with other relevant parties to make sure the discrepancy is addressed.
  4. The supervisor must acknowledge the report in a timely manner to both the employee and the convener of the employee’s department or program, and layout a timeline for addressing the concern.

III. Definitions

I-140, Immigrant Petition for Alien Workers: A petitioner may file Form I-140, Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS) for an employment-based immigrant visa. Visit https://www.uscis.gov/i-140 for additional information.

Permanent Labor Certification: A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration. Visit https://flag.dol.gov/programs/perm for information.

Permanent Residency process: The Process by which an individual seeks permanent residence status, or a Green Card, in the United States. When getting a Green Card through employment, the employer needs to file a petition for the intended Green Card recipient. Visit https://www.uscis.gov/green-card/green-card-processes-and-procedures for information.

IV. Policy Review and Approval

The Office of Human Resources is responsible for periodic review of this policy. Amendments are approved by the President.

Clerical Notes

December 14, 2023 – Definitions, as well as full names of USCIS documents and processes, added for clarity.

Policy specifications

Last revision: 12/14/2023
Responsible office: Human Resources
Approved by: President
Effective date: 05/01/2021
Associated division(s):
Associated audience(s):
Associated container(s):
Policy home: https://earlham.edu/policy/work-authorization-policy