2.01 Immigration Policy

Policy No. 2.01

At Berklee, we are committed to cultivating and preserving a culture of diversity, equity, and inclusion (DEI). We believe that the diverse backgrounds, experiences, and perspectives of our staff and faculty are fundamental to our success.

This policy sets forth the guidelines for Berklee to sponsor foreign nationals for either temporary employment authorization or applications for lawful permanent residence (the “Green Card”) based on an offer of permanent employment within the United States. Berklee’s employment of foreign nationals is restricted to those who are authorized under law to accept employment in the United States.

This policy outlines the necessary procedures and criteria to ensure compliance with immigration laws while supporting our mission to attract and retain talented individuals from around the world.

Sponsorship decisions will be made without regard to race, color, religion, gender, gender identity, sexual orientation, national origin, age, genetic information disability, or marital status, in accordance with applicable federal, state, and local laws. Employment cannot begin until the proper visa or work authorization has been obtained.

Offers of employment are contingent upon an individual’s ability to secure and maintain the legal right to work in the US, including obtaining work authorization. All employees are required to complete and satisfy all I-9 requirements within three (3) days of beginning work for the college in the US. Berklee is enrolled in the US government’s E-Verify program and will comply with all E-Verify mandates as well.

If Berklee is unable to validate work authorization or complete I-9 requirements, a job offer of employment will be withdrawn with no liability to Berklee for any expenses incurred, time spent, or other inconvenience to the job applicant. It is Berklee’s general practice to pursue immigration sponsorship and to pay for most of the financial costs associated with such sponsorship, as outlined in this policy, for the purpose of hiring and ensuring legal employment authorization in the United States. This policy does not alter the nature of at-will employment.

Definitions

Foreign National: any prospective faculty or staff member who is not considered a “US worker.” A US worker is a United States Citizen, Lawful Permanent Resident (“Green Card” holder), Asylee, Refugee, or Temporary Resident under the 1986 amnesty program at the time of his or her appointment.
Nonimmigrant Visa Status: a temporary immigration status providing permission for a Foreign National to work for Berklee in a specific position, for a temporary period of time. This Includes H-1B status, TN status, J-1 status, and O-1 status, among others.
Lawful Permanent Residence or “Green Card” Status: the right to live and work in the United States on a permanent basis, for any employer and for no set time limit. Persons may be sponsored to become lawful permanent residents through a close family member, an employer, the US Department of State’s Diversity Lottery, political asylum, or, in rare cases, through self-sponsorship.
Labor Certification: a labor market test administered by the US Department of Labor (DOL). This is an administrative process required for many employment-based permanent residence categories. For tenure-track faculty, Labor Certification must be sought within 18 months of the selection committee’s decision to hire that individual. Some faculty may be exempt from the Labor Certification process due to their exceptional record. For non-teaching positions, labor certification requires extensive evidence of unsuccessful recruitment of qualified US workers.
Labor Condition Application (LCA): an application filed with the US Department of Labor as part of the H-1B process. This is not a labor market test, but rather an attestation of the basic terms and conditions of the job being offered.
Prevailing Wage: the median wage (hourly or annual) paid to employees in a specific employment classification in a specific Metropolitan Statistical Area (such as the Boston market). The Prevailing Wage is determined by the US Department of Labor based on DOL’s data.
Specialty Occupation: an occupation that requires “a theoretical and practical application of a body of highly specialized knowledge" and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. This term is key to the analysis of an H-1B petition.

Most common visa options:

J-1 Exchange Visitor Visa: For temporary appointments (including visiting professors and short-term scholars).
H-1B Specialty Occupation Visa: The H-1B is set aside for professional positions (including faculty and staff) where a bachelor’s degree is required. The H-1B is typically issued in three-year increments for a total of six years and the H-1B can be renewed under certain circumstances. The status is “dual-intent,” meaning that an individual in H-1B status may be present in the US for a temporary period and at the same time may be an applicant for lawful permanent residence.
TN Professional Visa: For Canadian and Mexican citizens who are offered employment in specific occupations listed under the NAFTA treaty.
O-1 Visa: For individuals of extraordinary ability in sciences, education, business, arts, or athletics. Please note that an individual who already has an approved O-1 is not granted “open market” work permission and may only work for the sponsor of the O-1 petition and in accordance with a schedule or itinerary that was included in the O-1 petition.
F-1 Visa: The F-1 is a student visa. Following completion of the educational program, the individual may be granted a one-year Optional Practical Training (OPT) period. F-1 employees will be hired as temporary employees and may not work beyond the one-year validity of the F-1 visa. Berklee does not automatically offer H-1B sponsorship to F-1 holders. F-1 visas are sponsored by the college or university from which the employee graduated, and not by Berklee. If an individual pursued a STEM program (Science, Technology, Engineering, or Mathematics), they are eligible for a three-year period of OPT, rather than a one-year period. These matters are handled by the International Student Services office at Berklee.

Approval Process

The appropriate departmental and Human Resources approvals are required in advance of hiring and/or sponsoring a non-US employee.
If a hiring manager wishes to sponsor a candidate for work authorization or an employee for a green card, he/she should contact their respective Human Resources Business Partner.
Work authorization may be obtained in cases where it can be demonstrated that there are insufficient qualified US workers available for that specific job.
Foreign nationals will be employed in specialty occupations that require theoretical and practical application of a body of specialized knowledge.
Sponsorship for work authorization is not an entitlement of any Berklee employment candidate, employee, or his/her family members.

Filing Process

Typically, Berklee will utilize the services of a preferred Immigration Law Group to assist with immigration matters (outside immigration counsel).
The candidate will work with Berklee’s Human Resources Partner, immigration designee, and/or immigration attorney throughout the filing process.
The Immigration Law Group will represent Berklee’s interests. The immigration attorney(s) will not represent the candidate or employee. If the candidate or employee wishes to retain his/her own immigration attorney, the candidate or employee may do so at their own cost. While the candidate or employee may receive counsel and guidance from his/her own immigration attorney, Berklee will reserve the right to have petitions filed by the college's preferred Immigration Law Group.
When assisting an employee with work authorization, Berklee will seek input, guidance, and advice from immigration attorneys to ensure compliance with legal requirements set forth by government agencies, including US Citizenship and Immigration Services (USCIS), the US Department of State (DOS), the US Department of Labor (DOL), and other agencies.
It is expected that sponsored employees will respond in a timely manner to requests from Berklee and/or the college’s immigration attorney for relevant information and documentation. It is also expected that sponsored employees will be completely forthcoming and truthful in all dealings throughout the application process.
All visa holders are responsible for knowing and understanding the terms and conditions of their visas.
Berklee requires a one-year commitment from the employee to remain employed after the visa is obtained or renewed. This expectation is based on the individual meeting all standards of performance and good employee citizenship.
Should an employee voluntarily resign prior to the completion of one year, he/she must repay a prorated amount of the cost of sponsorship (based on months worked and amount paid). The employee will not be held responsible for the Fraud Prevention and Detection Fees.
An employee’s tenure or seniority does not create any right for the employee to remain in Berklee’s employment or be the beneficiary of an immigration-related sponsorship, nor does it alter the at-will nature of such employee’s employment at Berklee.
Should the potential or current employee request expedited/Premium Processing from the USCIS, he/she is responsible for paying for any fees associated with Premium Processing.
H- and O-class renewals must be approved by the department leadership for continued employment.
If an employee is involuntarily terminated on an H- or O-class visa as a result of a reduction in force, the department is obligated to provide the employee transportation to their last overseas home.

Lawful Permanent Residence (Green Card)

A Green Card allows an employee to gain permanent residency in the United States.

Standards

In general, Green Card sponsorship is granted only to employees who hold highly specialized positions and/or positions that are deemed to be critical to Berklee operations and who have established a strong performance record. Additionally, employees who are nearing the end of all other visa options may also be considered for Green Card sponsorship.
Berklee employees wishing to pursue lawful permanent residence must possess all of the following prerequisites/qualifications:
- Formal sponsorship from their department.
- At least two years’ employment tenure with Berklee.
- Green Card sponsorship for employees in H-1B status will be considered no earlier than the end of the fourth year of an employee’s five-year work authorization window. Employees in L-1B status will be considered no earlier than the end of their fifth year of the employee’s seven-year work authorization window. Employees in O-1 status are permitted to extend their O status indefinitely. Therefore, the department must make a decision on a case-by-case basis as to whether the employee should be sponsored for lawful permanent residence in the United States.
- Employees in TN status who are being considered for Green Card sponsorship will be permitted to apply for a change of status (COS) to H-1B status. Once the change of status has been approved, the department will consider sponsoring the employee for LPR Status at the end of their fourth year in H status.
In no case will a commitment to Green Card sponsorship be included in an offer letter to a new employee. In no case will an F-1 holder be considered for Green Card Sponsorship.

Fee Responsibility

Berklee departments seeking to sponsor employees are generally responsible for the processing fees and government filing fees.

Costs associated with a Green Card may be paid by Berklee. In compliance with applicable law, Berklee is wholly responsible for all costs associated with the Labor Certification/PERM step of the process (evidenced by the filing of Form ETA 9089 with US DOL). The Foreign National may be responsible for legal fees and costs associated with the preparation and filing of Form I-140 and Form I-485. Cost-sharing will be determined on a case-by-case basis, made at the time the college agrees to sponsorship, and this determination will be clearly communicated to the qualified candidate or employee.
The Foreign National will be required to reimburse Berklee all related costs associated with the preparation and filing of Form I-140 and/or Form I- 485 should he/she be terminated for cause or voluntarily resign.

Employee Responsibilities: Maintaining Documentation and Status

Although Berklee will maintain internal records, it is the Foreign National employee’s responsibility to always ensure that government documentation, including electronic I-94 entry documentation, is accurate and complete. The employee is also responsible for notifying Berklee six months ahead of any immigration status or work authorization document expiration to ensure that Berklee has sufficient time to prepare and file any extension applications. Berklee will also track such dates, but the ultimate responsibility rests with the employee to ensure the possibility of continued employment. Note that initiation of the immigrant visa process is not guaranteed to any employee and may not apply to all positions at Berklee.

Berklee reserves the right to amend, suspend, or cancel this policy at any time, with or without notice.

Updated June 2025