Employment of Non-U.S. Citizens

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Southern Illinois University Carbondale (SIUC) complies with all federal and state laws and regulations in its employment of non-U.S. citizens. Although all non-U.S. citizens with appropriate employment-authorization documentation are eligible for employment by SIUC, faculty employees are the only category of employees that SIUC sponsors in petitions or applications before the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) for employment-based benefits.

As a sponsor, SIUC will incur only those employer costs mandated by the USCIS and/or DOL to petition for H-1B non-immigrant status on behalf of non-citizen faculty employees and to petition for permanent resident status on behalf of tenured and tenure-track faculty employees. If a faculty employee has an independent basis of employment-authorization, or is eligible to petition USCIS for such a benefit, SIUC will only sponsor such an employee after the employee has exercised and exhausted that independent basis of employment-authorization.

Non-citizen employees will be responsible for completion of all immigration-related forms for their spouse and/or dependents and for costs associated with obtaining non-immigrant status for their spouse and/or dependents. If requested by the non-citizen employee, SIUC will submit completed H-4 immigration forms at the same time as the H-1B application. In the event that submission of an I-539 form for a spouse or dependent is required at the same time as the H-1B application, SIUC will submit the completed I-539 form.

Exceptions to the above policy shall only be granted by the Provost and Vice Chancellor, in consultation with the Office of General Counsel, based upon a review of the employment position to be filled, available resources, and the current staffing needs of SIUC.

The Provost and Vice Chancellor and his/her designee(s) are the only individuals authorized to sign immigration related petitions and letters on behalf of SIUC. Legal services associated with the filing of any immigration petition on behalf of SIUC shall be the responsibility of the Office of General Counsel.

Questions concerning implementation and interpretation of this policy should be directed to the Office of General Counsel.