Permanent Residence
FSU Policies

The International Center at Florida State University assists departments in obtaining permanent resident status for their eligible non-immigrant employees. Departments or employees who would like to discuss options for permanent residence should read the information below, and contact Kristen Hagen at 644-9563 (khagen@admin.fsu.edu).

All immigrant visa petitions (Form I-140) submitted to the US Citizenship and Immigration Service (USCIS) that are based on employment at Florida State University, must be signed by the appropriate person at the FSU International Center. The International Center is also responsible for filing the “Application for Permanent Employment Certification” for Florida State University. Employment based petitions may not be submitted on behalf of Florida State University by outside legal counsel.

Florida State University employees, who do not hold positions that make them eligible for FSU sponsorship of the immigrant visa, may self-petition for an employment-based immigrant visa on their own, or with the assistance of a qualified immigration attorney. These petitions are filed requesting a National Interest Waiver (NIW petition) or as an EB-1 petition for an alien of extraordinary abiity. Faculty can support these petitions by writing letters of recommendation, but faculty should not sign the application. They are eligible to file as an alien of extraordinary ability or to seek a National Interest Waiver.

The following positions may be eligible for FSU sponsorship of the immigrant visa:

Tenure-track or tenured faculty: Departments should contact Kristen Hagen (644-9563) as soon as possible if they offer a position to a non–resident alien. Early coordination is important in planning the appropriate strategy for obtaining the immigrant visa.

Other permanent faculty positions: Departments should contact Kristen Hagen (644-9563) as soon as possible if they offer a permanent, salaried position to a non-resident alien. Again, early coordination of the non-immigrant visa and the permanent residency process is important, if the applications are to meet with success.

Faculty positions funded by contracts and grants: Florida State University will pursue an immigrant visa for faculty in contract or grant-funded positions if there is an intent to employ indefinitely, and a reasonable expectation that funding is secure into the future.  Employment-based immigrant visa petitions filed by FSU require an offer of permanent employment. The International Center will work with the department on the immigrant visa after receiving a letter confirming the intent to employ indefinitely and details of the funding commitment. The letter must be signed by the principal investigator, the Department Chair or Director and the Dean.

Non-faculty positions funded by contract and grants: Departments wishing to support an immigrant visa petition for employees in salaried, C&G-funded A&P or USPS positions must also have a intent to hire indefinitely and a commitment of long term funding. This is consistent with the University’s definition of permanent for the immigrant visa process. Post-doctoral or other OPS positions are considered temporary, and the University would not support an employment-based immigrant petition for an employee in an OPS position. To proceed with the process to obtain the green card for an employee in a salaried A&P or USPS C&G funded position, a department must prepare a letter signed by a supervisor and confirming the intent to employ indefinitely, the Chair or Director, and the appropriate Dean or Vice-President, outlining the funding commitment. In addition, the department should discuss the position with Kristen Hagen (644-9563) at the  International Center to determine the likelihood of successfully pursuing the immigrant visa.

A & P or USPS positions with E & G funding: Although these positions are permanent in terms of funding, they may not satisfy other requirements of the permanent resident process. The wage offered must meet a prevailing wage requirement. In addition, the department must be able to demonstrate (following U.S. Department of Labor guidelines) that there are no U.S. citizens or permanent residents who met the minimum requirements for the position who are willing and able to accept the position. Except in the case of some specialized positions, it can be difficult for the University to succeed in the labor certification process. Please contact Kristen Hagen for further information.


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