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Retained Immigration Counsel FAQs

Which attorney on the list charges the lowest fees?
All attorneys on the list charge the same fees. For a listing of immigration processing fees, filing fees, and other related fees, please refer to Fee Schedule for Employment-Based Visas. [PDF]
Who selected the attorneys on the list?
Potential firms are identified and interviewed by representatives from the Office of the Vice President and General Counsel and the U-M International Center. Firms are selected based on their familiarity with higher education institutions, successful past experiences with U-M, foreign language skills of staff/diversity of staff, ability to handle significant workload, ability to work as a team with members of the University community, and pleasant demeanor and comfort with serving a diverse clientele.
How will a department contact know how to select an attorney from the list?
The U-M Retained Immigration Counsel list provides information for contacting the attorneys. If you know the attorney you would like to work with, please write the attorney's name on the appropriate part of the U-M International Center's Request for Retained Immigration Counsel Form. If you do not know which attorney you would like to work with, the U-M International Center will assign an attorney to your department for this case.
Why must the University, rather than the foreign national, retain the law firm?
In employment-based immigration petitions, the employer is the petitioner. The foreign national is the intended beneficiary. The University is actually filing the petition with the federal government. The University, therefore, has a responsibility to ensure that legal documents filed on the University’s behalf are accurate and consistent with the University’s internal policies and procedures. It is the responsibility of the Office of the Vice President and General Counsel to retain and monitor legal counsel for the University.
What should I do if the foreign national faculty or staff member has already retained an immigration attorney?
(new answer, maybe use old one from current site?) Only the Office of the Vice President and General Counsel has the authority to retain legal counsel to represent the University of Michigan. As of October 3, 2005, U-M departments must use one of the firms on the Retained Counsel List. If an employment-based immigration petition prepared by a firm that is not on the approved list is currently pending, you must notify the International Center’s Faculty and Staff Immigration Services office.
Can a foreign national faculty or staff member prepare and file an employment-sponsored immigrant petition?
No. A foreign national is not authorized to represent the University of Michigan in legal matters. All employer-sponsored immigration petitions (H-1B, O-1, Interested Government Agency J Waivers, and most categories of employment permanent residence positions) must be prepared and filed by either the U-M International Center, Faculty and Staff Immigration Services or one of the three retained immigration counsel.
Who is responsible for paying the legal fees?
As of October 3, 2005, the hiring unit is responsible for paying the legal fees, filing fees and costs associated with the primary beneficiary.  The foreign national is responsible for dependent fees and visa related fees.  The payment arrangements made between the employing unit and foreign national faculty/staff member for petitions filed before October 3, 2005 are still valid.

  • Can I reduce the foreign national's salary to cover the legal fees, filing fees and costs?
    No.  The University may not require the foreign national employee to assume or share in the costs associated with preparing and filing employer-sponsored immigration petitions for several reasons.  First, when an employer files an H-1B or permanent resident petition it assumes certain obligations including the payment of certain wage.  Immigration policy strictly prohibits the university from deducting from a foreign national’s salary its business expenses (including legal fees or costs) associated with filing the petition.  Second, legal fees and costs associated with the immigration petitions are a normal and routine part of the recruitment and retention process, just like relocation reimbursement or assistance in finding employment for traveling partners or costs associated with starting a lab/research program/office.  Third, it is important that the University establish the primary attorney-client relationship by assuming full responsibility for the legal fees and costs. 
  • Can I reduce the amount of research, professional development, or other support funds to cover the legal fees, filing fees and costs?
    No. You cannot treat foreign nationals less favorably than similarly situated U.S. citizens or permanent residents. Foreign nationals are entitled to the same benefits and conditions of employment that the University provides to their colleagues employed in the same or similar capacities. It is inappropriate to deduct the employer’s costs associated with its immigration petition from funds that the employee is otherwise entitled to receive or is normally given. Reduction of benefits or negatively altering working conditions can lead to allegations of discriminatory or unfair treatment.
  • Can I ask the foreign national to front the costs and reimburse him or her when funds are available?
    Discuss this issue with Tracy Schauff, Manager of Faculty and Staff Immigration Services, at 734.763.4081 or tschauff@umich.edu.
What should I do if the foreign national has previously worked with an immigration attorney and wants to continue to work with that attorney?
Contact Donica Thomas Garner dvarner@umich.edu or Gloria Hage ghage@umich.edu at the Office of the Vice President and General Counsel, 734.764.0304. All attorneys or law firms who provide legal services on behalf of the University of Michigan must be retained by the Office of the Vice President and General Counsel.
Who should I contact if we have concerns about or experience problems with an attorney?
If you have questions or concerns with the immigration process (i.e., what is legally required, government processing times, etc.,) contact Tracy Schauff, Manager of Faculty and Staff Immigration Services, at 734.763.4081 or tschauff@umich.edu.

If you have questions or concerns with the quality of legal services or billing, contact Donica Thomas Garner dvarner@umich.edu or Gloria Hage ghage@umich.edu in the Office of the Vice President and General Counsel, 734.764.0304.
If I have questions about immigration law, can I call any of the attorneys on the retained immigration counsel list?
No. Any general immigration questions should be directed to the U-M International Center, Faculty and Staff Immigration Services staff at 734.763.4081 or ICfacultystaff@umich.edu. You should only contact an attorney on the retained immigration counsel list about specific matters that they have been retained to handle for you. You may contact an attorney on the retained immigration counsel list to ask questions about their services (i.e., his or her experience handling similar cases, the amount of time it typically takes him or her to complete this type of case, the firm's language skills, etc.)
Do dependents need to use an attorney from the approved list to submit their adjustment of status applications?
No. Dependents can select their own attorney or complete the applications on their own. However, dependents will probably find that they will save money by using the attorneys on the list. As dependent and primary applications are usually filed at the same time, other attorneys may also decline to take these cases.
What other changes can we expect as a result of the retained immigration counsel program?
To learn more about the new policy and related processes, you may attend an International Center workshop or program this fall. You may also view descriptions of the new processes, your role and responsibilities, a fee schedule, and other information on the International Center web site Using U-M Retained Immigration Attorneys. If you have additional questions, contact the U-M International Center, Faculty and Staff Immigration Services office at 734.763.4081 or ICfacultystaff@umich.edu.
The Faculty and Staff Immigration Services Task Force recommended that the University only sponsor foreign nationals employed in tenure-track or like positions for permanent residency. Has that recommendation been implemented?
No. The University has decided not to implement that recommendation.  As a result, most foreign nationals are currently eligible for University sponsorship for permanent residency as long as they meet the legal requirements.  Please note that post-doctoral fellows, research fellows, lecturers, graduate student instructors and graduate staff assistants are not eligible for permanent residency sponsorship because they are not employed in permanent positions but rather temporary or term-limited positions. 
Who do I call in the U-M International Center to get more information regarding the new policy?
If you have additional questions, contact the following individual:
Tracy Schauff, Manager of Faculty and Staff Immigration Services, at tschauff@umich.edu or 734.763.4081.
Under what circumstances will the U-M International Center refer H-1B and special handling cases to retained counsel?
If the International Center receives an H-1B or special handling case presenting extremely complex legal issues, the International Center will consult with the Office of the Vice President and General Counsel about who should handle the case. When a case raises significant legal issues or presents complications that could jeopardize approval, the International Center will refer the matter to retained counsel.
If the Office of the Vice President and General Counsel advises that an external attorney must handle an H-1B or special handling case, who is responsible for paying the legal fees?
The Department is still responsible for paying the attorney and other fees.

Last reviewed: 9/07