About Foreign Scholar Services

Coming to Stanford as a foreign scholar

J-1 Exchange Visitor status

Employment-based classifications

Paying Stanford's foreign visitors

ITIN information

Glossary of immigration terms

updated 4/30/2007

Green cards/permanent residence are addressed directly by Guide Memorandum 28.1; click here for access to the Memo.

The University acts in the capacity of sponsoring employer for certain employees whose relationship to Stanford is deemed to warrant the kind of effort and expenditure of resources immigration sponsorship entails. If the University undertook to extend this privilege automatically to everyone who desired it, the business of the University would quickly become the provision of green cards, so the Memorandum describes a process by which the University’s senior academic administrators can review inquiries for merit and further consideration.

The Office of the General Counsel requires that all immigration-related questions and issues first be presented to Bechtel International Center. See the OGC’s page by clicking here. The I-Center doesn’t decide who will or won’t be sponsored; in considering a green card issue, the I-Center always refers to the sections of the Guide Memo that are relevant to the kind of employee in question. Nothing herein shall supersede the authority of the Memo.

The Memo uses three subsections of paragraph “g” to address various sponsorship scenarios.

• Faculty who are in the tenure line or who have been granted tenure are considered eligible for the University’s petition. The cognizant dean must concur that it is in Stanford’s interest that the petition be advanced.

• Research Associates are the professional, doctoral-level researchers who lead or participate in projects and research. The principal issue encountered in green card requests for Research Associates is that of “permanence.” The section of law under which employers may file immigrant petitions on behalf of these researchers requires a “permanent” offer of employment. Since almost all appointments to the Academic Staff-Research are coterminous with funding or otherwise limited in time, Stanford cannot represent that relationship to the CIS as “permanent.” There is a “continuing” status that can be conferred on a Research Associate. Inquire with the Dean of Research for additional information about the requirements for continuing appointments to the Academic Staff.

• Exempt members of the regular staff whose employment does not have an end date may be considered for sponsorship as an exception based on the determination by the cognizant dean or vice president that it is in Stanford’s interest to advance such a petition.

The cognizant dean in any school is the usually the one who has oversight responsibility for the particular activity in question. Associate Deans for Research, for example, are likely to be the target administrator in questions of research staff.

Any non resident alien, regardless of Stanford affiliation, is free to file two types of “self-sponsored” petitions. It’s recommended that such an individual retain a competent immigration attorney for assistance when filing such a petition. When the individual is a Stanford affiliate, please be sure the attorney understands that s/he may not represent Stanford University in the undertaking. A memorandum is available here that will communicate this, or reference may be made to the OGC’s site by clicking here.

In the process of reviewing immigration inquiries, Bechtel International Center may recommend a referral to the University’s affiliated external counsel. This attorney is an employee of a firm that has contracted with the University to perform certain immigration work that falls outside the mandate of the I-Center for one reason or another, including issues of experience or province. Individual beneficiaries are always responsible for paying this attorney’s fees, unless the employing unit agrees in writing to underwrite or subsidize those fees. Such an arrangement requires the employing unit to provide a PTAEO for billing purposes to the General Counsel.

To initiate a green card inquiry, a senior department or unit representative should contact the I-Center at

foreign.scholars@stanford.edu

With the following information:

• The name of the individual the department is interested in sponsoring;
• The occupational title that person is going to have as the basis for the green card (for example, “Life Science Research Assistant II” as opposed to “Manager, Smith Biology Lab”);
• The cognizant dean’s statement detailing the name, title and departmental affiliation of the intended beneficiary, with an explanation of his or her determination that the beneficiary’s services represent a vital function to the University, such that an immigration accommodation is necessary to allow an indefinite period of employment, and a statement of how any fees that might be incurred will be paid;
• A complete job description/list of job requirements, including experience, education, special skills and supervisory duties;
• A completed intake form

Please note that the foregoing concerns only the aspect of permanent residence that creates or establishes eligibility for that status. The University is not responsible for guiding, instructing or administering follow-up procedures required for eligible immigrants to adjust their status to that of permanent resident. We strongly recommend the use of an attorney to assist in this part of the immigration process. Note that if an intending immigrant

1. Is the beneficiary of a Stanford petition, and wishes to file an adjustment concurrently, or;
2. Is having the costs of adjustment underwritten by a Stanford department;

It is required that the services of the University’s external counsel be employed.