H-1B visa - Pratt Institute

PRATT INSTITUTE
H-1B VISA
POLICY, GUIDELINES AND PROCEDURES
Overview
The H-1B visa classification applies to “persons in a specialty occupation which requires the
theoretical and practical application of a body of highly specialized knowledge requiring
completion of a specific course of higher education.” An individual who holds an H-1B visa is
sponsored by the organization that completes the application paperwork. While an individual
may hold more than one H-1B visa and work for more than one employer simultaneously, each
H-1B visa is employer-specific, i.e., it is valid only for employment with the organization that
has signed the visa petition. Therefore, an individual currently holding H-1B visa status or
requiring H-1B visa status in order to work for Pratt must be sponsored by the Institute for H-1B
status. Individuals who are sponsored are considered “beneficiaries” of Pratt’s H-1B visa
petition.
The application process for H-1B visas is two-tiered. Paperwork must be submitted first to the
Department of Labor and, when approved, to the Immigration and Naturalization Service (INS).
If worked on diligently, the process may take anywhere from four to eight months from start to
issuance of the visa. In many cases, the potential beneficiary cannot begin work until the visa
application is approved. That is, if the beneficiary does not hold a valid work visa in the interim,
s/he may not legally work or be paid in the United States.
In most instances, the potential H-1B visa beneficiary requires the services of an attorney to
complete and submit the requisite forms. Federal regulations require that the employer pay the
attorney’s fees ($2000 and up) as well as INS filing fees under most circumstances. In addition,
Pratt is liable for the reasonable costs of return transportation of the beneficiary H-1B visa holder
abroad if he or she is dismissed from employment before the end of the period of authorized stay.
Policy
1.) The decision to sponsor an individual for an H-1B visa for dean, chairperson,
assistant chairperson or faculty positions must be approved by the Provost
before an offer of employment or a commitment for sponsorship is made.
2.) The decision to sponsor an individual for an H-1B visa for all positions other
than those noted above must be approved by the Director of Human
Resources before an offer of employment or a commitment for sponsorship is
made.
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H-1B Visa Policy (contd._
Guidelines
The following guidelines will apply:
A. Pratt Institute will sponsor applicants for H-1B visas for full-time positions only under
the following conditions:
1. As a result of a full and thorough search, the potential H-1B visa beneficiary is the
only finalist for a full-time faculty position, or is the finalist in a situation in which
the second candidate is imminently less qualified for the position.
2. As a result of a full and thorough search, the potential H-1B visa beneficiary is the
only finalist for a full-time non-faculty position for which no other candidates
were qualified.
3. The individual is currently an active Pratt employee AND is currently being
sponsored by Pratt Institute as an H-1B visa holder.
B. Pratt Institute will sponsor applicants for H-1B visas for part-time positions only under
the following condition:
The individual is currently an active employee of Pratt Institute AND is currently
being sponsored by Pratt Institute as an H-1B visa holder.
C. Pratt Institute will no longer petition for new H-1B visas for other part-time employees -
faculty or non-faculty.
Procedures
1. Under federal, state and local law as well as Pratt policy, no applicant may be
excluded from employment based on race, color, creed, religion, national origin,
citizenship status, political belief, sex, sexual orientation, marital status, age or
disability, nor may any applicant be asked anything about any of these issues
during the interview. However, the employer is permitted to ascertain employment
eligibility under INS regulations.
2. It must be determined during the interview process whether an individual will require
an H-1B visa in order to work for Pratt. To ensure that every interview is conducted
in a fair and equitable manner, the following “yes or no” question must be asked of
all applicants and the answer must be documented:
If hired, are you prepared to provide appropriate documentation of
your identity and employment eligibility in the U.S.?
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H-1B Visa Policy (contd._
The “yes or no” answers should be recorded without further comment or discussion.
3. If the applicant responds affirmatively to #1b, the guidelines and directions stated in
the section labeled “Policy” must be adhered to. That is, for all academic
appointments the Provost must give approval for the Institute to offer H-1B visa
sponsorship and for all administrative appointments the Director of Human Resources
must give approval for the Institute to offer H-1B visa sponsorship.
4. If approval to sponsor an individual for H-1B status is obtained from the Provost or
the Director of Human Resources as stipulated above, the Assistant Director of
Human Resources should be contacted. All H-1B visa application information for all
divisions and departments must be compiled in conjunction with the Assistant
Director of Human Resources who will also refer the potential H-1B beneficiary to an
attorney chosen by the Institute. All H-1B visa beneficiaries will be required to use
the attorney designated by the Institute’s Director of Human Resources.
5. Departments, divisions, and/or schools of the Institute will no longer be permitted to
complete and/or sign the H-1B visa application. Only the Provost and Director of
Human Resources are authorized Pratt signatories for visa petition paperwork.
6. All active employees currently sponsored by Pratt Institute for an H-1B visa will
continue to be sponsored by the Institute for H-1B extensions. Please contact the
Assistant Director of Human Resources in these instances as well. All H-1B visa
beneficiaries will be required to use the attorney designated by the Institute’s
Director of Human Resources.
If you have questions or need guidance, please call the Assistant Director of Human Resources or
the Director of Human Resources at ext. #3787.
H1-B Visa Policy.wpd Revised 3/05
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