Immigration & Employment Signature Policies
Purpose: The centralization of immigration-related services in International Student & Scholar Services (ISSS) is intended to assure ODU's departments, laboratories and centers of consistent quality, expertise and economy in appointment or employment-based immigrant and non-immigrant processing. In addition to meeting those needs, centralization also builds and preserves ODU's relationship and reputation with US Citizenship & Immigration Services (USCIS, formerly INS) and the US Department of Labor.
Who May Sign Immigration Documents: Authorization to prepare and sign immigration and non-immigration documents related to Old Dominion University appointment or employment rests exclusively with ISSS by delegation of the Provost's Office. This is to say that no faculty member, department representative, or attorney has the authority to sign non-immigrant or immigrant petitions and related documents on behalf of the University. Such documents include, but are not limited to, Form I-20 Certificate of Eligibility, Form DS-2019 (formerly Form IAP-66), Form I-129, Labor Condition Applications (LCA), Form ETA 750, Form I-140.
Failure to comply with these provisions will result in required notification to USCIS and/or the US Department of Labor and the petition or other immigration documents which were unauthorized become null and void. The matter will also be referred to the appropriate University official to determine whether further action is necessary or desirable.
Use of Outside Counsel: ISSS prepares and signs all employment-based non-immigrant petitions and all permanent resident petitions based on ODU positions or job offers. If at any time during this process, ISSS believes the particular circumstances of an ODU employee's case are beyond the scope of ISSS's purview or expertise; the individual will be referred to the immigration attorney designated by the Attorney General of Virginia. Such legal services will be at the expense of the employee according to Commonwealth law.
ODU employees may, however, seek assistance from attorneys of their choice for the purpose of adjustment of status (I-485) to permanent resident and applications for immigrant categories for which an individual may apply without the sponsorship of an employer, such as the so-called "national interest waiver" or "extraordinary ability waiver." In no event shall ODU, its departments, laboratories and centers, be listed as petitioners or applicants. ISSS must be kept informed in a timely fashion of the status of every such petition or application to avoid duplication of effort or interference with petitions or applications and their related processing.