This is to insure uniformity of approach to the process whereby Brigham Young University–Hawaii will assist non-immigrant employees with applications and immigration expenses for temporary employment visas and /or with the application for permanent residency. Conditions not covered by this policy will be addressed on a case-by-case basis. Services rendered to, and on behalf of, employees under any aspect of this policy are at the discretion of Brigham Young University–Hawaii’s President’s Council.
H-1B Visa – This is a non-immigrant visa in the United States under the Immigration and Nationality Act. This allows US employers to temporarily employ foreign workers in specialty occupations. H-1B work-authorization is strictly limited to employment by the sponsoring employer. This visa has the dual intent of the possibility of the employee applying for a Green Card (Legal Permanent Residency).
Permanent Residence – “Permanent” is defined by U.S. Citizenship and Immigration Services (USCIS) as a position in which there is no anticipated ending date on the part of both the employer and the employee. In the case of positions that are grant-funded, it is possible to consider them to be permanent provided there is a reasonable expectation that the funding will continue into the foreseeable future. The university defines a “permanent” position, for the purposes of this policy only, as where there is a reasonable expectation that funding is available for at least three years. The term “permanent” should not be construed to suggest future employment rights, and is used in this policy only and without regard to university employment policies and budget consideration.
BYUH does not permit full-time employment for individuals holding a J-2 visa.
4. RELATED POLICIES AND PROCEDURES
Executive Sponsor: Administrative Vice President
Approved by President’s Council: 10/28/2013
Full revision history maintained by the Office of Compliance & Ethics.