91¶ÌÊÓƵ Policy 6026

Visa and Immigration Services Policy

  • Responsible Oversight Executive:ÌýProvost and Vice President for Academic Affairs

  • Date of Current Revision or Creation:ÌýJanuary 22, 2024

  • Download Policy PDF

The purpose of this policy is to establish the process for handling all immigration-related services for immigrants and non-immigrants coming to the 91¶ÌÊÓƵ as students or as employees from a foreign country and to outline the responsibilities of the Center for Global Engagement (CGE) as well as immigrant and non-immigrant employees and students.

, grants authority to the Board of Visitors to make rules and policies concerning the institution. Section 7.01(a)(6) of theÌýÌýgrants authority to the President to implement the policies and procedures of the Board relating to 91¶ÌÊÓƵ operations.

Ìýdetails Federal requirements for employment though the several agencies involved in obtaining H-1B visa status and employment-based permanent residence.

Ìýdefines immigrants or non-immigrants that are unlawfully present.

Ìýprovides direction on how a school requests an approval to enroll F-1 students.

Alternate Responsible Officers (ARO)Ìý- 91¶ÌÊÓƵ employees who are recognized and authorized by the U.S. Department of 91¶ÌÊÓƵ and Old Dominion 91¶ÌÊÓƵ to sign authorized immigration documentation and assist J-1 exchange visitors (visiting scholars) in relation to Federal laws and regulations, and to execute Federal forms related to the status and activities of such individuals.

Authorizing 91¶ÌÊÓƵ RepresentativeÌý- 91¶ÌÊÓƵ employees who have completed training for certificate of eligibility for 1-20 (F-1 students) and/or DS-2019 (J-1 Exchange Visitors) processing and approved by government and 91¶ÌÊÓƵ authorities to act on behalf of the 91¶ÌÊÓƵ, also known as Designated School Officials (DSO) and Alternate Responsible Officers (ARO).

Designated School Official (DSO)Ìý- 91¶ÌÊÓƵ employees who are recognized and authorized by the United 91¶ÌÊÓƵs Immigration and Customs Enforcement (ICE) and the 91¶ÌÊÓƵ to sign authorized immigration documentation and assist F-1 students in relation to Federal laws and regulations, and to execute Federal forms related to the status and activities of such students.

Exchange Visitor (Visiting Scholar)Ìý- A non-immigrant coming temporarily to the United 91¶ÌÊÓƵs as a participant in a program approved by the Secretary of 91¶ÌÊÓƵ for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

ImmigrantÌý- A person seeking permanent residence and/or citizenship in the United 91¶ÌÊÓƵs.

Non-immigrantÌý- An alien who seeks temporary entry to the United 91¶ÌÊÓƵs for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the non-immigrant classification sought. The non-immigrant classifications include foreign government officials, visitors for business and for pleasure, aliens in transit through the United 91¶ÌÊÓƵs, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiancés of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Permanent Resident/Resident AlienÌý-ÌýAny person who is not a citizen or a national of the United 91¶ÌÊÓƵs and intends to permanently reside in the United 91¶ÌÊÓƵs.

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This policy applies to all employees and students. Employees include all staff, administrators, faculty, full- or part-time, and classified or non-classified persons who are paid by the 91¶ÌÊÓƵ. Students include all persons admitted to the 91¶ÌÊÓƵ and not completed a program of study for which they were enrolled; student status continues whether the 91¶ÌÊÓƵ's programs are in session.

The 91¶ÌÊÓƵ will endeavor to assist immigrants and non-immigrants in obtaining the appropriate status when employed by or admitted to Old Dominion 91¶ÌÊÓƵ. However, immigration status is the responsibility of the immigrant or non-immigrant and the application process for the appropriate status is initiated and conducted by the immigrant or non-immigrant.

The 91¶ÌÊÓƵ will assist each non-immigrant through education, taking necessary actions or otherwise assist non-immigrants in maintaining their legal residency in the United 91¶ÌÊÓƵs.

Only theÌýCenter for Global Engagement (CGE)Ìýis authorized to prepare, sign and submit official immigration and non-immigration documents to appropriate Federal agencies by delegation of the Provost and Vice President for Academic Affairs. Unless authorized by CGE, no other faculty member, department representative, or attorney has the authority to sign non-immigrant or immigrant petitions and related documents on behalf of the 91¶ÌÊÓƵ. Such documents include, but are not limited to, Form I-20 Certificate of Eligibility for F-1 students, Form DS-2019, Certificate of Eligibility for Exchange Visitor on behalf of students and exchange visitors (visiting scholars), Form I-129, Petition for Non-immigrant Worker, Department of Labor Condition Applications (LCA--Form ETA 9035), Department of Labor PERM Filing (Form ETA 9089) and Form I-140 (Immigrant Petition for Alien Worker)

Failure to comply with these provisions will result in required notification to United 91¶ÌÊÓƵs Citizenship and Immigration Services (USCIS) and/or the U.S. Department of Labor, and the petition or other immigration documents that were unauthorized become null and void. The matter will also be referred to the Office of 91¶ÌÊÓƵ Counsel to determine whether further action is necessary or desirable.

  1. CGE prepares and signs all employment-based non-immigrant petitions and all permanent resident petitions based on recommendations of hiring managers. CGE may appoint Designated School Officials (DSO) and Alternate Responsible Officers (ARO) to prepare and approve forms for students such as the I-20, Certificate of Eligibility, and form DS-2019, Certificate of Eligibility.

  2. If at any time during this process, CGE believes the circumstances of an employee's or student's case are beyond the scope of CGE's purview or expertise, the individual will be referred to the immigration attorney designated by the Office of the Attorney General of Virginia. Such legal services will be at the sole expense of the student, employee, or the employing department.

  3. Under no circumstances shall employees of the 91¶ÌÊÓƵ be listed as petitioners or applicants.

  4. CGE must be kept informed in a timely manner by department heads, hiring managers and the non-immigrant student or candidate for immigrant status of the status of every such petition or application to avoid duplication of effort or interference with petitions or applications and their related processing.

Visa immigration records are retained for ten years after expiration and then destroyed in compliance with theÌýÌý(General Schedule 103, Series 200389 for employees and General Schedule 111, Series 200242 for international students).

Deputy Director of Center for Global Engagement (VISA)

Policy HIstory

Policy Formulation Committee (PFC) & Responsible Officer Approval to Proceed:

/s/ÌýPaul Currant


Responsible Officer Signature


January 8, 2024


Date


Policy Review Committee (PRC) Approval to Proceed:

/s/ÌýDonna W. Meeks


Chair, Policy Review Committee (PRC)


June 13, 2023


Date


Executive Policy Review Committee (EPRC) Approval to Proceed:

/s/ÌýAugustine O. Agho


Responsible Oversight Executive Signature


January 8, 2024


Date


91¶ÌÊÓƵ Counsel Approval to Proceed:

/s/ÌýAllen T. Wilson


91¶ÌÊÓƵ Counsel


January 16, 2024


Date


Presidential Approval:

/s/ÌýBrian O. Hemphill, Ph.D.


President


January 22, 2024


Date

Previous Revisions: November 15, 2004; May 17, 2017; January 22, 2024

Scheduled Review Date: January 21, 2029