Applies to:	Policy Date:	Date of Last Review:	Approved by:
Foreign nationals employed in full-time, long-term academic roles Academic units sponsoring permanent residence petitions Office of International Student and Scholar Services Provost	Updated: 05/18/2022	05/09/2025	John Z. Kiss, Ph.D. Provost and Senior VP for Academic Affairs

Policy Owner: The Office of the Provost

Policy Purpose

This policy outlines the Florida Institute of Technology’s framework for sponsoring permanent residence applications for eligible foreign national employees in academic positions. It establishes that sponsorship decisions are made at the college level rather than for individual employees. The policy describes the two types of permanent residence sponsorship Florida Institute of Technology will consider; and sets forth eligibility requirements, outlines procedural guidelines and responsibilities, and identifies limitations applicable to the sponsorship process.

Policy Scope

This policy applies to all foreign national employees in an academic position who seek Florida Institute of Technology sponsorship for a permanent residence petition (hereinafter referred to as “foreign national” or “foreign nationals”).  The policy also applies to all academic units who wish to sponsor such employees, the Office of International Student and Scholar Services, and the Office of the Provost.

This policy does not apply to foreign nationals in a staff or non-faculty administrative role.

Policy Statement

Applications for U.S. permanent residence status (green card) on behalf of eligible foreign nationals employed in academic positions at Florida Tech are initiated by a specific academic unit. Sponsorship decisions are made by the academic college, in consultation with the Office of the Provost, and not by the individual employee. The sponsorship of each foreign national must be approved by the academic unit head (where applicable in colleges with subordinate academic units), the dean of the sponsoring college, and the Provost. Only, the Provost and/or the Director of International Student and Scholar Services (ISSS) are authorized to sign any immigration documentation related to permanent residence.  The Director of ISSS will act as a clearinghouse to review all applications and supporting documents prior to recommending them for an official signature.

Florida Tech sponsorship decisions are based solely upon the institution’s need for an outstanding candidate’s expertise and exceptional ability in teaching and/or research. The university may choose to sponsor or support an application for permanent residency by signing certain immigration documents verifying that it is offering an eligible foreign national a full-time, permanent position. Sponsorship is contingent upon a full-time, long-term employment relationship, eligibility for sponsorship under U.S. immigration law, a visa history that allows for such sponsorship, and the ability to meet applicable. Department of Labor and Citizenship and Immigration criteria.

The two types of permanent residence sponsorship that Florida Tech will consider are:

• Outstanding Professor/Researcher (EB-1) (Permanent Residence)
  • 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; and the receipt prizes, awards, and/or other forms of professional recognition are usually required to obtain approval of an outstanding professor/research 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) (Permanent Residence)
  • Florida Tech can apply to the U.S. 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 U.S. Department of Labor the details of the Florida Tech departmental recruitment process that led to the faculty appointment.
  • This process usually takes between one and three 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.

Florida Tech has the prerogative to sponsor a full-time faculty member for permanent residence. However, under no circumstances will Florida Tech consider sponsorship for permanent residence until the foreign national has completed their probationary appointment period at Florida Tech (typically one year), irrespective of the foreign national’s current visa status. Any externally funded non-teaching research positions of a permanent nature can also be considered if the individual has been working full-time at Florida Tech for a minimum of two years in a Research Professional rank or higher level. Sponsorship for these positions will be considered only at the end of the individual’s second year at the university and only if there is guaranteed funding for at least three additional years of employment, irrespective of the individual’s current visa status.

At its discretion and on a case-by-case basis, in addition to sponsorship, the relevant academic college at Florida Tech may provide financial support up to $5,000* to cover the fees and expenses associated with obtaining one of the permanent residence visas discussed above. Should such funds be offered, the foreign national must sign a three-year commitment of employment with Florida Tech, beginning on the date that the permanent residence request is submitted to Florida Tech’s immigration attorney’s office. If the foreign national being sponsored leaves Florida Tech before the end of the three-year employment commitment period, Florida Tech reserves the right to seek, and the foreign national may be subject to collection for, reimbursement of the entire amount of financial support provided as part of the sponsorship.

U.S. immigration laws do not permit Florida Tech to sponsor part-time or temporary positions for permanent residency. To qualify, the position must constitute “full-time permanent employment.” Therefore, Florida Tech does not sponsor post-doctoral fellows and lecturers for permanent residence since these positions are considered temporary and do not carry full university-employee benefits. Likewise, Florida Tech will not sponsor part-time, temporary, or visiting positions such as visiting professors, scientists, lecturers, researchers, post-doctoral fellows, adjunct instructors, lab technicians, or family dependents for permanent residency. Additionally, Florida Tech does not sponsor foreign national staff members or foreign nationals employed in non-faculty administrative positions.

Only the Provost and/or the Director of International Student and Scholar Services is authorized to sign any immigration documentation pertaining to permanent residency applications.

Procedures/Guidelines

• Phase I: The First Meeting

  The sponsoring college dean and/or, where applicable, academic unit head must meet with the foreign national to peruse the information and documentation that is required to get approval from Florida Tech officials for permanent residency.

• Phase II: Foreign National/Employee Requirement – Commitment Letter

  If a college agrees to fund legal fees in accordance with this policy, the foreign national will be required to sign a statement of a three-year commitment of employment to the university. This commitment begins (i.e., goes into effect) with the submission of the permanent residence request to Florida Tech’s immigration attorney’s office. If a foreign national decides to leave Florida Tech before the three-year employment commitment has been satisfied, Florida Tech reserves the right to request, and the foreign national may be subject to collection for, reimbursement of the entire amount of financial support provided.

• Phase III: Cost Sheet with Payment Responsibilities – Costs and Fees

  It is within the discretion of the college, in consultation with the Provost, to provide to the foreign nation, on a case-by-case basis, up to $5,000 in funding toward attorney and filing fees associated with the permanent residence process. All such funding shall be borne by the college.

  The U.S. Department of Labor requires that universities pay all legal fees and advertising costs related to the labor certification process, a requirement of the second preference classification (EB-2). Should, therefore, a Florida Tech college undertake sponsorship of an individual in this classification, it must indicate in writing, prior to final approval, that it is willing to cover the legal fees and advertising costs associated with labor certification, approximately $2,500 per case. Such fees and costs are to be included in any offer of financial support made to the foreign national towards permanent residence, not to exceed $5,000 in total.

  The cost for the first preference classification (EB-1) can be paid by the foreign national, the college, or a combination of both.

  With the exception of labor certification fees, if any college chooses not to provide funding, but agrees to sponsor the foreign national’s permanent residence process, it is the responsibility of the foreign national to pay all fees associated with the permanent residence process.

• Phase IV: The Academic Unit

  The sponsoring academic unit head (in the case of a college with subordinate academic units) must submit the commitment letter along with a formal request of sponsorship to the academic unit’s dean. This official letter must include the following:

  1. a rationale for the request,
  2. the credentials of the foreign national,
  3. a statement describing the foreign national’s special abilities and expertise, and
  4. evidence of three years of research funding, in the case of a non-teaching research position.
• Phase V: The Dean of the College

  Where a subordinate academic unit has submitted a formal request for sponsorship to the college, the dean will respond in writing to the academic unit’s request. As applicable, the dean will send a copy of his or her response, the dean’s and/or academic unit head’s recommendation letter, the commitment letter, evidence of funding for three years, and the cost sheet to ISSS.

• Phase VI: Office of International Student and Scholar Services (ISSS)

  ISSS will review all documents and forward a formal recommendation to the Provost for an official signature. Once the Provost has signed the recommendation, the documents will be returned to ISSS. The requesting academic unit (where applicable), the requesting college, the Office of Human Resources, the Budget Office, and the immigration attorney’s office will be notified so that the application process for permanent residency can begin.

  Only the Provost and/or the Director of International Student and Scholar Services is authorized to sign any immigration documentation pertaining to permanent residency applications.

• Phase VII: Processing Time

  Immigrant visa applications are time consuming. It may take anywhere from six months to two years or longer to complete the procedure due to processing backlogs at the various governmental agencies, including, but not necessarily limited to, the U.S. Department of Labor, U.S. Citizenship and Immigration Services (USCIS), and the American consulates abroad, all as applicable. The process for permanent residence for individuals born in India or China to become a permanent resident can take several years to complete. During the processing time, the applicant must maintain a valid non-immigrant visa status if in the United States. Although Florida Tech will make every effort to obtain approval for an application, there is no guarantee that the U.S. government will grant permission to a sponsored applicant to reside permanently in the United States.

Definitions

Sponsorship – the lending of support to a visa petition via a long-term, full-time job offer. Such support may include the signing of certain immigration documents verifying that the university is offering an individual a permanent position.

Offer of Permanent Position – an offer of a long-term position (not temporary), but does not constitute a guarantee of lifetime employment.

Responsibilities

The Foreign National

• The foreign national shall wait until the end of his or her probationary appointment period (typically one year), or after his or her second year with the university in the case where the foreign national is a non-teaching research faculty member in a Research Professional rank or higher level, before requesting whether Florida Tech would consider permanent residence sponsorship.
• If the foreign national’s academic unit and/or college, after consultation with the Provost, is willing to sponsor permanent residence, the foreign national shall provide all necessary information and documentation to the academic unit head and/or college dean and meet with the academic unit head and/or college dean to ensure all paperwork is present and in order.
• If the college, in addition to sponsorship, offers to provide financial support towards fees and legal costs in accordance with this policy, the foreign national shall sign a statement committing to a three-year period of employment with Florida Tech. Should the foreign national leave Florida Tech before the three-year employment commitment is complete, the foreign national shall reimburse Florida Tech for the entire amount of funds provided in support of the permanent residence petition.
• If the college does not provide financial support, or any provided financial support is insufficient to fully pay for costs and fees associated with the permanent residence petition and process, the foreign national is responsible for paying all such costs and fees not otherwise covered.

The College and Academic Unit (where applicable)

• Neither the college nor a subordinate academic unit shall make any promises related to sponsorship of permanent residence before the end of the foreign national’s probationary appointment period or, the case of a non-teaching, research faculty member in a Research Professional rank or higher level, before the end of the individual’s second year at the university.
• Upon request of the foreign national after the end of his or her probationary appointment period or second year at the university, as applicable consistent with this policy, the college and, where applicable, the academic unit, in consultation with the Provost, shall consider the foreign national’s request for sponsorship for permanent residence.
• If, after consultation with the Provost, the college agrees to sponsor the foreign national, the college dean will request all necessary information and documentation from the foreign national, and meet with the foreign national (and the academic unit head, where appropriate) to review the documentation to ensure all necessary paperwork is in order to get approval from the university for permanent residence.
• The college shall also consider, on a case-by-case basis, whether it will offer financial support, in addition to sponsorship, to the foreign national to cover legal costs and fees associated with the permanent residence petition. Such financial support shall not exceed $5,000, to include any legal fees and advertising costs related to the labor certification process associated with an EB-2 classification that are borne by Florida Tech.
• If the foreign national accepts such financial support, the dean or academic unit head, as applicable, shall require the foreign national to sign and submit a statement committing him or her to a three-year period of employment with Florida Tech in exchange for the financial support.
• If the college provides, and the foreign national accepts, an offer of financial support pursuant to this policy, the college dean must complete a cost sheet outlining payment responsibilities.
• Where applicable, the academic unit head shall submit to the college dean the commitment letter and a letter of formal request for sponsorship for permanent residence. The letter of formal request must include (1) a rational for the request, (2) the credentials of the individual, (3) a statement describing the individual’s special abilities and expertise, and (4) evidence of three years of funding in the case of a non-teaching research position. Where the college is initiating the request for sponsorship, the dean shall write a letter of formal request addressed to the Provost and Office of ISSS.
• Where applicable, the college dean shall write a formal response to the academic unit head regarding the request for sponsorship. The dean shall send a copy of this response (as applicable), the academic unit head’s and/or dean’s recommendation (i.e., the letter of formal request), the commitment letter, and the cost sheet to the Office of ISSS.

Office of International Student and Scholar Services

• Upon receipt of all necessary information and documentation associated with sponsorship for permanent residence, the Director of ISSS shall review all related paperwork and forward a formal recommendation to the Provost for an official signature.
• Upon receipt of the Provost’s signature that accepts the formal recommendation, the Director of ISSS shall notify the requesting academic unit (where applicable), the requesting college, the Office of Human Resources, the Budget Office, and Florida Tech’s immigration attorney’s office so that the application process for permanent residency can begin.

Provost

• The Provost shall consult with the foreign national’s college and academic unit (where applicable) to determine whether Florida Tech should agree to a request for sponsorship for permanent residence. As appropriate, such consultation shall also include discussion as to whether the college will provide financial support to the foreign national to pay related legal costs and fees.
• Upon receipt of documents associated with sponsoring permanent residence from the Office of ISSS, the Provost shall review the documentation. If the Provost agrees with the recommendation to proceed with the sponsorship, he or she shall sign the recommendation and return all documentation, including the signed recommendation, to the Office of ISSS. If the Provost does not agree with the recommendation to proceed with the sponsorship, he or she shall return all the documentation to the Office of ISSS, and inform the Director of ISSS of his or her disapproval of the recommendation.
• The Provost, and only the Provost, shall be responsible for review and written approval of any waivers of this policy, in whole or in part.

Enforcement

Failure to adhere to the policy outlined above for permanent residence applications that requires Florida Tech’s sponsorship will result in the withdrawal of any cases filed without express permission.

Offers of sponsorship for permanent residence made prior to the end of a foreign national’s probationary appointment period or the second year at the university, as applicable, consistent with this policy, shall not be honored. The matter will also be referred to the appropriate university official to determine whether any disciplinary action is warranted against anyone making such premature offers.

The preparation or signing of any immigration or non-immigration documents related to Florida Tech employment associated with permanent residence petitions by anyone other than the Provost or the Director of ISSS is strictly prohibited. Violations will result in required notification to U.S. Citizenship and Immigration Services (USCIS) and/or the U.S. Department of Labor. Any unauthorized petition or related documents will be rendered null and void. Such matters will also be referred to the appropriate university official to determine whether further action is warranted.

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* Any financial support, up to $5,000, includes any legal fees or other mandatory costs incurred by Florida Tech associated with an EB-2 visa petition.