Permanent Residency Sponsorship

U.S. immigration law allows employers to sponsor foreign nationals for Lawful Permanent Residence (also known as a “Green Card”). U.S. Permanent Residents (“Green Card” holders) are lawfully authorized to live permanently within the United States and are able to accept an offer of employment without special restrictions. 

NJIT maintains a strict policy regarding university sponsorship of employees for permanent residence. Certain positions are eligible for Lawful Permanent Residency petitions after discussion with the Office of Global Initiatives and the sponsoring department. 

NJIT’s Permanent Residency petitions are processed by an outside attorney of our choice. and individual NJIT employees do not have the authority to sign a Form G-28 granting permission to an outside attorney to represent NJIT. The university will not recognize the validity of a visa petition filed by an outside attorney purporting to represent NJIT.

The filing of a lawful permanent residence application does not guarantee approval by USCIS, who has sole discretion to approve or deny every case. It is important that no promises or assurances be made by any School or Department to the candidate that any application will be successful.

Office of Global Initiatives

Legal Permanent Residency Options: 

NJIT is able to sponsor foreign nationals holding certain eligible positions for Permanent Residence via the following categories (referred to as “employment-based preference petitions”). The Office of Global Initiatives will determine which path is most appropriate on a case-by-case basis. NJIT does not file multiple immigrant visa petitions for a single employee.

NJIT - Sponsored Options

For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL).

The DOL has special recruitment and documentation procedures for the sponsorship of college and university teachers through a Permanent Labor Certification (PERM).  Under the Special Handling provision, a university must show that the foreign national was selected for the job opportunity through a competitive recruitment and selection process through which the foreign national was found to be more qualified than any of the United States workers who applied for the job.  The PERM application must then be filed within 18 months after a selection is made. 

The DOL’s Special Handling provision for college and universities only applies to teaching positions.  Non-teaching positions are not eligible for sponsorship under this category.

Once the DOL has certified the PERM application, NJIT can proceed to file a Form I-140 Immigrant Petition with United States Citizenship and Immigration Services (USCIS).

USCIS allows employers to file immigrant visa petitions for outstanding professors and researchers.  This does not require a Labor Certification from the Department of Labor.  The immigrant visa petition can be filed directly with United States Citizenship and Immigration Services (USCIS). 

In order to qualify as a “Outstanding Researcher or Professor,” the sponsored foreign national must:

  • Demonstrate international recognition* for outstanding achievements in a particular academic field.
  • Have at least three (3) years of experience in teaching or research in that academic area.
  • Have a job offer for a tenured or tenure-track teaching position or comparable permanent research position (non-tenure track faculty must have been at NJIT for a minimum of one (1) year and be reappointed with at least 3 years of guaranteed funding support). 
  • Provide documentation of at least two (2) of the criteria** listed below:
    • Evidence of receipt of major prizes or awards for outstanding achievement
    • Evidence of membership in associations that require their members to demonstrate outstanding achievement
    • Evidence of published material in professional publications written by others about the alien's work in the academic field
    • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
    • Evidence of original scientific or scholarly research contributions in the field
    • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field. 

*Because this category requires proof of international recognition, beneficiaries must submit letters from international researchers/scholars and other documentation from international conferences, journals, professional associations, etc. showing that they have an international reputation for outstanding achievement.  

**Meeting the minimum requirement of providing required initial evidence does not, in itself, guarantee approval.  USCIS uses a 2-step adjudicative approach.  First, USCIS determines whether the petitioner submitted the required evidence that meets a sufficient number of criteria.  Then, USCIS conducts a “Final Merits Determination” based on the entire record of achievements, publications, citations, peer review, etc. to determine whether it sufficiently demonstrates that the beneficiary has been “internationally recognized as outstanding.”

“Self-Sponsorship” by Foreign National Employee

There are additional preference categories that do not require NJIT sponsorship.  Employees who are not eligible for NJIT sponsorship or would like to pursue multiple petitions may be able to file under the categories listed below.

In self-sponsorship cases, the employee is permitted to hire an immigration attorney to represent him/her. However, since it is also possible for an employer to serve as the sponsor in either of these two categories, it is absolutely essential that the employee make it clear to any outside attorney that the employee—not NJIT—is serving as the sponsor in this case.

Self-Sponsored Options

An employee may be eligible for a self-sponsored, employment-based immigrant visa if s/he is an alien of extraordinary ability. The applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. For more information visit, USCIS’ website.

National interest waivers are usually granted to those who have exceptional ability (“means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”) and whose employment in the United States would greatly benefit the nation. For more information visit, USCIS’ website.

Eligibility: 

Consistent with immigration regulations, NJIT may sponsor a candidate for permanent residence if the offered position meets the following two conditions:

  1. The offer is for a permanent, full-time, salaried position; and
  2. The employee intends to remain in the position indefinitely. In other words, the offered position has no anticipated end date on the part of the employer and the employee. All involved must recognize that, while no end date is anticipated, this aspect of the determination does not guarantee continued employment or tenure at NJIT. 

In addition, the foreign national must be eligible for sponsorship by being in appropriate non-immigrant status, and must be able to satisfy all USCIS and Department of Labor requirements.

Sponsored Positions

NJIT will consider LPR sponsorship for the following positions:

  1. Tenured or tenure-track faculty positions
  2. Non-tenured and non-tenure-track senior research positions of a permanent nature meeting the criteria of “outstanding researcher”
  3. Non-academic positions on a case-by-case basis with the approval of the Vice President in charge of the department or the Provost.

Please note that persons occupying grant-funded positions may be considered for LPR sponsorship provided that there is a “reasonable expectation” that the grant for the position will last into the foreseeable future.

 

Positions Not Sponsored

NJIT will not sponsor part time, temporary, or post-doctoral fellow positions, as they are not considered full-time, permanent positions.

Legal Services & Expenses

  1. The cost for the LPR application process, including all costs associated with advertising, filing, legal fees and any optional fees or expenses, shall be the sole responsibility of the requesting Department. The amount of legal fees for the LPR application process will vary depending on the particulars of the case, and will not include charges for processing applications for additional family members. Upon request, the department can seek to obtain an estimate at the start of an application, but all involved must recognize that fees and expenses may exceed any estimate. An applicant for LPR who departs NJIT, including resignation or dismissal, within three years of the attainment of permanent residence, will reimburse NJIT for all costs associated with the LPR application process, as allowed by law.
  2. Upon review of submission, OGI, in consultation with outside counsel, will determined if the foreign national meets the minimum requirements for sponsorship, and notify the authorized department administrator. Eligibility for sponsorship is based on a number of combined factors beyond a qualifying position, such as job title, a candidate’s qualifications, current and previous immigration status, and the individual’s personal circumstances.
  3. The attorney will initially communicate with the authorized department administrator, sponsoring faculty member and the Associate Director for International Faculty and Scholars to discuss the LPR process. Once the process has been initiated, and throughout the application process, the attorney will communicate with the authorized department administrator designated by the sponsoring department, the sponsoring faculty member, and the prospective LPR. The Associate Director for International Faculty and Scholars must be copied on all correspondence with the attorney and must be kept informed of all significant developments regarding the application.
  4. The attorney will send all forms to OGI for review and signature.
  5. The attorney will send an invoice to OGI at the end of each filing. OGI will review such invoices in consultation with the Associate Director for International Faculty and Scholars and, if necessary, with the relevant department. OGI will approve invoices and charge the relevant department’s account for corresponding fees and expenses. Any questions regarding legal services shall be directed to OGI.