Gustavus Adolphus College

As an employee (or prospective employee) of Gustavus Adolphus College, the Office of International Education is available to you if you have any questions on immigration and visa matters.

Processing the H-1B temporary worker in a specialty occupation petition

H-1B visa classification will allow you to perform services (work) in a specialty occupation (requires bachelor's degree or higher) for a maximum period of six years. The H-1B visa requires sponsorship by the employer; that is, Gustavus Adolphus College files the petition on behalf of you. The Office of International Education facilitates the process by compiling the necessary documents and helps prepare the petitions for processing the H-1B visa for positions and individuals who qualify under the regulations. The three- step process includes petitions filed through the State Employment Security Agency (SESA), the Department of Labor (DOL), and the Immigration and Naturalization Service (INS).

Travel abroad guidance

Upon request, the Office of International Education will provide information and assistance when you travel outside of the United States. The Office:

• maintains a list of Embassies and consular Posts
• can provide up-to-date information about regulatory changes and/or government practices.
• can review necessary documents for visa applications and re-entry inspection

As with any visa application, the decision to grant or deny a visa is made by the consular official.

Status of dependent family members

Your spouse and children (under 21) can be designated as your dependents. The Office of International Education can provide you with forms of instructions if you seek to invite family members to the U.S. or change their current immigration status. In many cases, family members are not eligible to work in the United States as your dependent (i.e., F-2 or F-4).

Replacement of documents

If you lose your original immigration documents, the Office of International Education can provide information and necessary forms to help you obtain replacements.

Permanent resident referral and review

Permanent residence is a status granted by the U.S. government to citizens of other countries. It allows an individual to remain in the U.S. The process is also known as obtaining a green card or immigration visa. Permanent residence is not the same as U.S. citizenship, although permanent residents may become eligible to become naturalized U.S. citizens after a certain number of years as a permanent resident.

The most common ways to obtain permanent resident status are through:

1. Family -based petitions: A U.S. citizen or permanent resident must petition for the individual, documenting an immediate family relationship limited to spouse, child, parent, sister or brother.
   
2. Refugee or asylee status: An individual must document fear of persecution based on membership in a certain class.
   
3. Certain special situations: The U.S. Government can determine that a particular category of people should be granted U.S. permanent residence (e.g., investors of $500,000+, Soviet scientist program, diversity visa lottery, Chinese Student Protection Act). Some are on going programs; others are available one time only.
   
4. Employment-based petitions *: A U.S. employer must document the need for a person's occupational skills, or the individual must prove he or she has achieved international recognition in his or her field.
   

* Employment-based permanent residence is the only category directly related to Gustavus Adolphus College's responsibilities as an employer.

The U.S. Immigration and Naturalization Service (INS) is the primary federal agency responsible for administering immigration law. The U.S. Departments of State (DOS) and Labor (DOL) also play a role in many aspects of immigration processing. Each agency's regulations are extremely complicated and have undergone frequent revisions.

An application for a permanent residence involves filing numerous forms and extensive documentation in several steps. The process may be expensive, because you will need to hire an attorney who is familiar with immigration laws and procedures. The Office of International Education can provide a list of Immigration attorneys in the area (or you may seek a qualified attorney of your choice). If you and your attorney seek to pursue employment-based permanent residence, the Office of International Education will review specific parts of the procedure that can relate directly to your employment with Gustavus Adolphus College (e.g., facilitate employer action, consult with other administrative and departmental offices).

Note: If you are a newly hired teaching faculty member, you have 18 months to complete the first stage of the application process (through the Department of Labor) for employment-based permanent residence. The time period is determined by the date you were offered a position at Gustavus Adolphus College, as listed on your original contract. Failure to meet this deadline result in your being able to obtain permanent residence based upon your current position. The department may be required to conduct a complete new search for the position.
Please be advised that U.S. government rules and regulations may change any time. If you have any questions, please contact:

Jeff Anderson
International Student Services Coordinator
Office of International Education,
International Center, Gustavus Adolphus College
800 West College Avenue, St.Peter, MN 56082-1498
Phone:(507) 933-7545
fax: 507-933-7900
E-mail: jeffa@gac.edu