The University of Illinois Office of University Counsel

Immigration

Laws and regulations can impact foreign nationals in a variety of areas, including immigration, labor, export control and tax.  Examples can include the power to control:

  • immigration to the United States under either employer-based or personal-based petitions;
  • visits to the U.S. lawfully on a non-immigrant visa;
  • confirmation of identity and authorization to work;
  • who can know or receive certain kinds of information or goods as well as limitations on certain financial transactions; and
  • the requirements for payments, tax reporting and tax withholding for a variety of payments including for services or for reimbursement of expenses.

These areas are complex and evolving.  Generally laws relating to immigration matters are federal laws flowing from provisions in the United States Constitution.  Over the years, states and local governments have attempted to enact laws or regulations that relate to immigration areas.  Some are struck down as unconstitutional, while others remain either unchallenged or viewed as sufficiently different so as to not be pre-empted by federal law.

University attorneys advise University and campus units on such laws and regulations as well as the related University policies.

The University has a number of services available to foreign nationals whether they are students, faculty, staff or guests.

Resources available on foreign national issues include:

  • International offices at Urbana, Chicago,  and Springfield (employees  and students) with guidance for students, faculty and staff on:
    • immigration rules and regulations, including non-immigrant and employer-based immigrant status,
    • facilitating the transition to life at the University and in the U.S., and
    • advocacy and referrals to the appropriate University departments and units to resolve individual questions.
  • The University Payroll Campus Customer Service Centers within the Office of Business and Financial Services for guidance on Payments to Foreign Nationals.  The Urbana campus center can be reached at (217) 265-6363, the UIC campus center can be reached at (312) 996-7200 and the UIS campus center can be reached at (217) 206-7210.
  • University Human Resources with guidance on employment eligibility and identity of all employees hired to work after November 6, 1986 via the I-9 process as well as guidance for employees hired to work or transferred onto a qualifying federal contract containing the E-Verify clause, which requires use of the E-Verify system to validate identity and employment eligibility.  If you have a question regarding employment eligibility, please first contact your unit’s Human Resources office.
  • The campus export control officer or the Office of University Counsel for guidance on export control issues, including inquiries regarding the USCIS I-129 Form’s deemed export certification for H-1B, H-1B1, L-1 and O-1A petitions.  If you have a question regarding export control, please first contact your campus export control officer.

For general information on various immigration issues, also see: the Department of Homeland Security, the United States Citizenship and Immigration Services Agency and the Department of State .