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International Student & Scholar Services

Employment-Based Permanent Residence

 

Florida Tech can only pursue permanent residence sponsorship for individuals whose particular immigration status, visa history and situation would not preclude it. In order to be sponsored, employees must meet the criteria for the first preference classification, “Outstanding Professor/Researcher,” or for the second preference classification under the “Labor Certification for Faculty Teaching Positions” provisions. Thus, Florida Tech sponsorship decisions are based solely upon an institution’s need for an outstanding candidate’s expertise and exceptional ability in teaching/research; decisions are not based on the desire of the employee.  

  • Outstanding Professor/Researcher (EB-1)
    • Approval of an outstanding professor/researcher petition can be obtained if Florida Tech can demonstrate that a sponsored employee has an exceptional record of scholarly achievement in his or her field. More than three years of teaching and/or postdoctoral research experience, a very strong record of publications, superlative evaluations by recognized experts in the field, the receipt of prizes, awards, and/or other forms of professional recognition are usually required to obtain approval of an outstanding professor/researcher petition.
    • This type of case is handled through one of Florida Tech’s recommended immigration attorneys. 
  • Labor Certification for Faculty Teaching Positions (EB-2: PERM Labor Certification
    • Florida Tech can apply to the Department of Labor for labor certification under optional special recruitment and documentation rules, which replace the previous special handling rules, for a sponsored employee appointed to a teaching faculty position (e.g. assistant/ associate/full professor).
    • Under special recruitment rules, Florida Tech is not required to demonstrate that there were no qualified U.S. workers available for the position, but only that the appointee was the best qualified applicant. Florida Tech can usually meet this requirement by presenting to the Department of Labor the details of the Florida Tech departmental recruitment process that led to the faculty appointment.
    • This process usually takes between 1 and 3 years.
    • For individuals born in China or India, this process may take several more years. 
    • This type of case is handled by one of Florida Tech's recommended immigration attorneys

Full details of Florida Tech’s PR policy can be found at https://www.fit.edu/international-student-and-scholar-services/for-departments/obtaining-us-permanent-residency/policy-on-permanent-residence-sponsorship/

Please note that the flow of the permanent residence application is as follows: 

  1. Department Head and/or Dean meets with Beneficiary concerning PR & costs
  2. Beneficiary signs letter of commitment
  3. Department Head and/or Dean and Beneficiary sign Cost Sheet with Payment Responsibilities
  4. Department Head recommendation to Dean
  5. Dean approves/disapproves and sends the four (4) documents to ISSS
  6. ISSS reviews and submits to Provost
  7. Provost approves/disapproves and returns all documents to ISSS

ISSS will notify the Department, the attorney’s office, Human Resources, and the Budget Office of the decision.

Employees being recommended for permanent residency are not allowed to secure their own attorney; Florida Tech uses the firm Fragomen, Del Rey, Bernsen & Loewy, LLP.

There are four (4) documents which must be completed and submitted to the Director of ISSS before a final decision will be made by the interim provost concerning the university sponsorship for permanent residency.

1. Beneficiarys Letter of Committment (must be on departmental letterhead)

2. Cost Sheet with Payment Responsibilities (must be on departmental letterhead)

3. Department Heads Recommendation to the Dean (must be on departmental letterhead)

4. Deans Approval (must be on departmental letterhead)

 Please direct all questions to Jackie Lingner, at 321-674-8053 or via email at jlingner@fit.edu