HOW DO YOU EMPLOY A NONIMMIGRANT
(NON-RESIDENT ALIEN) FACULTY MEMBER….?

On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned into the Bureau of Citizenship & Immigration Services (BCIS) now known as the U.S. Citizenship and Immigration Services (USCIS) which is within the U.S. Department of Homeland Security (DHS).

Modification of Policy in Appointing Nonimmigrants to Faculty Position: Effective June 7, 2004, nonimmigrant faculty may be appointed as regular or research prior to obtaining permanent residency (contingent upon appropriate valid employment authorization) provided these appointments have met the advertisement requirements.

AFTER the Department has advertised a regular or research faculty position nationally and in the FSU Position Vacancy Listing and the MOST qualified applicant is a non-resident alien, you may employ him/her by:

1. Advise Kristen Hagen (International Center, 644-9563) of intent to extend offer of employment to a nonimmigrant to ensure successful attainment of employment authorization.
2. Department requests Dean to extend an offer of employment for a “regular” or “research” appointment to a position on the faculty at Florida State University which must be consistent with the advertisement. Employment-based permanent residency petitions require an offer of permanent employment.
1. If a nonimmigrant is appointed to a regular tenure-earning position, he or she will be considered for tenure in the same manner as other tenure-earning faculty members, but may be granted tenure only upon obtaining permanent residency.
2. To satisfy the “permanent” requirement and prior to FSU initiating an employer-sponsored application for permanent residency, FSU policy requires a five-year minimum commitment of anticipated funding for C&G funded positions (research) with the intent to retain the services of the nonimmigrant indefinitely. The letter of commitment of anticipated funding from the principal investigator must be endorsed by the chair and dean, who will commit departmental or college/school funds in the event that contract and grant funding is not available.

   Employees for whom FSU CANNOT make the five year commitment of funding and commitment to employ indefinitely, may self-petition for permanent residence in the first preference (alien of extraordinary ability) or second preference (with a national interest waiver) category. These categories do not require an offer of permanent employment and would not be sponsored by FSU. Faculty may write support letters that the applicant could submit as supporting evidence, but they may not sign the I-140 on behalf of FSU, nor sign a blue Form G-28 to permit an outside attorney to represent FSU in an application to USCIS.
3. Obtain employment authorization secured by FSU via Kristen Hagen, International Center.
4. Complete eRecruit process and submit required back-ups for a new faculty member filling an advertised position and the appropriate USCIS employment authorization.

Nonimmigrants must be in valid H-1B status or have a valid employment authorization document (EAD) to remain employed while awaiting adjustment of status (I-485) approval. A nonimmigrant awaiting I-485 approval based on an FSU employment based I-140 may not change employers unless the I-485 has been pending at least 180 days and the new employment is similar to the employment upon which the I-485 was filed; the adjustment of status application (I-485) is based on the previously employer-filed Labor Certification (ETA 750) and/or I-140 petition.

BEFORE the Department has advertised a regular or research faculty position, you may employ a nonimmigrant faculty member by:

1. Advise Kristen Hagen (for faculty H-1, O-1, TN, 644-9563) or Tanya Schaad (for all J-1, 644-0977) of intent to extend offer of employment to a nonimmigrant to ensure successful attainment of employment authorization.
2. Department requests Dean to extend offer of employment for a “visiting” appointment to a position on the faculty at Florida State University. There is a 1-year grace period without advertising.
3. Obtain employment authorization secured by FSU via Kristen Hagen or Tanya Schaad, International Center.
4. Complete eRecruit process and submit required back-ups for a new faculty member and the appropriate USCIS employment authorization.
5. Prior to the faculty member's 2nd year of employment, the position must have been advertised and closed as “visiting”, “regular” or “research”.
   1. If the nonimmigrant is to fill an advertised “regular” or “research” position, please follow the above instructions under #2 for employing nonimmigrants AFTER department has advertised. Extend an offer or contract for the regular or research position. The advertisement back-ups and valid employment authorization must be attached.
   2. If the nonimmigrant is to fill an advertised “visiting” position, extend an offer or contract for the visiting appointment and complete the eRecruit process. The advertisement back-ups and valid employment authorization must be attached.
      If a nonimmigrant's “visiting” appointment must be extended beyond the 3-year limit for visiting appointments, the dean must request approval from the Dean of the Faculties to appoint the nonimmigrant for another year, explaining the circumstances, i.e. completing a specific project. The request to extend a “visiting” appointment is on a maximum of a year-by-year basis.

If you have any questions concerning faculty appointments, contact Linda Gross or Daniel Espinosa, Office of the Dean of the Faculties, 644-6876. Please also see websites at http://www.fsu.edu/~fsu-isc/ and http://dof.fsu.edu.

7/2005