Immigration

In order for OSU to sponsor a foreign national employee for permanent residence in the United States, the employee must be working in, or have an offer for, a full-time, “permanent” position at OSU. (There may be a limited exception for certain aliens who meet the “extraordinary ability” criteria.)  For immigration purposes, “permanent” means either tenure-track or a position “of indefinite duration with a continued expectation of long-term employment.”  Some examples of positions that will or will not qualify are included below.  (Note that this is not all-inclusive.)

• Tenure-track, clinical-track, or research-track faculty.
• Research Scientist, Research Associate (regular, non-term), Research Specialist, Clinical Research Coordinator.
• Regular, full-time staff positions (e.g., business, program, or information technology staff).

(NOTE:  Being in one of these classifications does not automatically mean OSU will begin the green card process for you.  The process still must start with a request from the hiring unit to the Office of Legal Affairs.)

• Post-Doctoral Researcher or Post-Doctoral Fellow
• Medical Resident or Fellow
• Visiting Scholars or Visiting Professors
• Adjunct faculty

If you want Ohio State to begin an immigration filing for you, please have your unit HR or Fiscal department manager contact the Office of International Affairs or Office of Legal Affairs to determine the appropriate course of action. In permanent residence or O-1 cases, note that the Department Chair, Division Chief, Center Director, or other individual with appropriate administrative level authority in your unit will ultimately be responsible for signing the I-140 filed by Ohio State on your behalf, so please be certain that this individual is also supportive of the case. In H-1b cases, the Office of International Affairs will determine the appropriate individual to sign the I-129 form.

Of course. While state law limits representation of the University, you should absolutely feel free to speak with your own lawyer about immigration matters. If you have plans to remain in the U.S. long term, this is probably a very good idea.

However, please keep in mind that your lawyer cannot determine what actions the University will take on your behalf or prepare immigration forms or related documents to be filed by the University.

The Office of Legal Affairs only handles matters that involve University sponsorship of some form. For purely personal matters, such as marriage-based permanent residence cases or citizenship applications, you will need to seek your own attorney.

No. All immigration filings on behalf of the University must be handled either by the Office of International Affairs, Office of Legal Affairs, or by a lawyer appointed by the Ohio Attorney General’s office to represent the University after a request to Legal Affairs. (This includes EB-1b Outstanding Researcher\Professor cases.) It does not matter whether you are willing to pay for the lawyer.

NO ONE at Ohio State may sign a form I-129, I-140, ETA-9089, or G-28 on behalf of the University without first speaking with either the Office of Legal Affairs or the Office of International Affairs.

Note that for self-petitions in the National Interest Waiver or EB-1a Extraordinary Ability categories, where you are signing Form I-140 yourself, you are of course free to hire counsel of your own choosing, and we certainly encourage qualified staff to investigate such options where available.

Yes.  The tenure process may be initiated and a recommendation made, but the formal grant of tenure may not be finalized until a faculty member has permanent residence (i.e., a green card).  If you are at the end of your tenure clock and do not have a green card yet, University procedures currently call for conversion to visiting status (with full benefits) for up to three years until the green card process can be completed and you can formally move into the tenured position.  While priority date retrogression may possibly create tenure clock issues for faculty born in India or China, we have not, to date, had any faculty member reach the end of the tenure clock plus three years without receiving a green card.  If you are nearing the end of your tenure clock and do not have a green card yet, please have your unit discuss this issue with the Office of Legal Affairs. 

While individual attorneys in our office may be able to provide some names of lawyers from their personal past experience, the Office of Legal Affairs does not provide recommendations for specific attorneys. There are many excellent immigration lawyers in the Columbus area, and you may wish to consult the website of the American Immigration Lawyers Association (AILA) or speak with others you know who have gone through the process.