Presentation for the School of Engineering Faculty Searches

Presentation for the School of Engineering Faculty Searches and Processing Employment-Based Permanent Residence for International Faculty International Scholars Office - ISch. O by Vivian N. Ruiz October 26, 2017 Room 1 -214

ISch. O – Who we are Penny Rosser – Director Vivian Ruiz – Assistant Director Amanda Doran – Advisor Johanna Marroig - Advisor Fumiko Futai – Advisor Makiko Wada - Advisor Nichole Hunley – Administrative Assistant Anna Smith – Administrative Assistant Audrey Strong – Part-time Assistant Room E 18 -209, Tel. 3 -2851 iso@mit. edu http: //web. mit. edu/scholars Walk-in office hours: Monday-Friday, 9: 00 am-3: 00 pm

Points of Discussion • Some Statistics about Int’l Scholars at MIT • MIT employment-based permanent residence sponsorship policy • Faculty Offer Letters • Processing steps for Tenure-Track Faculty • • • Labor Certification for Faculty positions Advertisement requirements to meet DOL Regs. Degree requirements Samples of “bad” and “good” ads Important Reminders & required Search Documentation • Next steps for Permanent Residence

International Composition of MIT • July 1, ‘ 15 – June 30, ‘ 16: 2, 436 int’l scholars (faculty & researchers) from 93 countries in 70 Departments, Laboratories, Centers & Programs (1. 4% over last year’s 2, 403) • MIT ranks 11 th nationally in international scholar population (according to the Institute of International Education’s Open Doors report 2015). • 64% of MIT’s postdocs are international.

International Composition of MIT, Cont’d. • Top 10 Countries: 12345 - China India Canada South Korea Germany 6 - Japan 7 - France 8 - Italy 9 - Israel 10 - Spain (93 countries are represented at MIT)

Statistics Highlights (% of New Faculty Who are Internationals) 60 43% 36% 50 19% 66% 18 40 30 43 8 30% 11 16 27 20 41% 16 8 14 30 26 21 10 24% 15 35 32 39% 23 39% 26 23 25 20 14 Year US International 20 15 -1 6 5 20 14 -1 13 20 3 -1 12 20 20 11 -1 2 1 -1 10 20 09 -1 9 20 08 -0 07 20 20 06 -0 7 0

MIT Policy • Excerpt from MIT Personnel Policy Manual: http: //web. mit. edu/scholars/administrators/sponsorshippolicy. html n Authorization to sign official immigration documents related to MIT appointment and employment rests exclusively with the International Scholars Office (ISch. O), as designated by the Provost’s Office. n The International Scholars Office prepares (and signs) all employment -based permanent residence petitions on behalf of MIT. At present, outside MIT attorneys are not permitted to do so. • In order to be sponsored, faculty members must meet the criteria for the first preference classification, "Outstanding Professor/Researcher; " or for the second preference classification under the "college or university professor" provisions. Researchers must meet criteria for a first preference classification, "Outstanding Professor/Researcher" or "Extraordinary Ability. " Labor certification will not be pursued for research positions.

MIT Policy, cont’d. n Individual faculty, and/or department representatives are not authorized to sign any immigration related forms/applications such as H-1 B, O-1, or permanent residence petitions where MIT is listed as the employer/petitioner. n Faculty and/or department administrators are only permitted to write letters of recommendation, but may not issue letters of support based on temporary MIT employment for self-PR. Please consult with the ISch. O if you have any questions.

Permanent Residence Sponsorship for Permanent Faculty in general… For more experienced Faculty (and some senior researchers): the “Outstanding Professor or Researcher”, and in some case “Alien of Extraordinary Ability” categories are good options, but these categories require: • At least three years of experience in teaching or research in field of expertise. • Proof of gained international recognition as outstanding or extraordinary in a specific academic area (i. e. numerous publications, awards, citations, judging work of others in field, memberships, strong references, etc. ). • Disadvantage: High time commitment from faculty in gathering supporting materials to meet criteria. • Advantage: Usually faster to process because it skips the DOL step as it is submitted directly to USCIS.

Permanent Residence Sponsorship for Faculty in general… For Junior Faculty: The process via “Special Handling” Labor Certification Application is preferred because: • Does not require at least 3 years of experience and proof of outstanding achievements in field • Advantage: Minimal time commitment from faculty to provide supporting materials for application - it mainly requires search documentation from Dept. /School • Universities are allowed to use the results of their own competitive recruitment procedure that resulted in the selection of the foreign national. • Disadvantage: Extra application step at DOL and usually long processing times.

Some Pointers for Offer Letters • Start Date: July 1, 20__ (to coincide with Faculty Modified Annual Plan); • Negotiable Start Dates: It is always recommended to include “or thereafter” in case the faculty start date has to be delayed for some reason (July 1, 20__, or thereafter); • Consulting Privileges: If included in offer letter, be sure to include “contingent on visa eligibility” since faculty on MIT H-1 B and O-1 visas are not authorized to do any work outside MIT;

Offer Letter Pointers, cont’d. • Employment Eligibility Contingency: Always include “start date in tenure-track position is contingent upon your being eligible for employment” in case visa impediments come up after the faculty offer is accepted. REMEMBER: Questions about specific visa or immigration status CANNOT be asked before offer is accepted. • Visa Services: Always include “MIT provides comprehensive visa services for faculty. If you accept this offer and are not a U. S. citizen or U. S. permanent resident, please contact the International Scholars Office (617 -2532851) to discuss your eligibility for visa sponsorship.

PERMANENT RESIDENCE PROCESS FOR TENURETRACK FACULTY OFFER ↓ MIT processes H-1 B Petition for start of faculty appointment (Initially for 3 years but may be extended to 6 years, if needed) ↓ LABOR CERTIFICATION APPLICATION: MIT processes within 18 months of date of offer (Estimated processing time at DOL = currently 5 -7 months – previously 13 months!) ↓ FORM I-140 (Immigrant Petition for Alien Worker): MIT files once Labor Certification is approved (Estimated processing time at USCIS = 1 – 9 months – may be premium processed) If Immigrant Visa Number is Available: Faculty may file CONCURRENT Adjustment to PR Application ↓ FORM I-485 Application to Adjust Status to Permanent Resident Status (PR) (Filed by Faculty and dependent(s), if applicable) (Estimated processing time at USCIS = 4 – 9 months) At this time, Faculty and dependents may also file: ↓ Form I-765 (Applic. for Employment Authorization) and Form I-131 (Applic. for Travel Authorization) (Estimated processing time at USCIS = 90 – 120 days) Or Faculty (and dependent(s) remain on H-1 B/H-4 Status until obtaining Permanent Residence

Labor Certification: What is it? “Labor Certification” is a part of the employment-based “green card” (U. S. permanent residence) process. • It is not the same as the Labor Condition Application (LCA) for the H-1 B temporary worker visa. • Both require internal postings but the language, processes and purposes are different. The US Department of Labor’s (DOL) goal is to protect US workers/save jobs for US workers. • Employer must test the U. S. labor market. • In standard labor certification, employers wishing to hire a foreign national must prove that there are no US workers qualified and available for the position. MIT does not sponsor positions requiring standard labor certification. • But, there is a special labor certification category for teaching positions. MIT uses this category to sponsor faculty positions.

Special Labor Certification for Professors • Under special handling labor certification for teaching positions, the employer must prove that the foreign national is “better qualified” in comparison to all others in the applicant pool. • College/university employers are allowed to use the results of their own competitive recruitment procedure that resulted in the selection of the foreign national. • The position must be a permanent one (tenure-track or tenured) • The position must involve some actual classroom teaching; • The search must have included at least one PRINT (hard copy) advertisement (preferred) in a national professional journal in the appropriate field. Professional journals (Chronicle of Higher Ed, Black Issues in Higher Ed acceptable) – May now use electronic ads (discussed later). • If labor certification is approved, the foreign national can then be sponsored for permanent residence based on the permanent job offer.

Specific Advertisement Requirements for Labor Certification Ads must contain: • Job title (sometimes Depts. put “faculty” or junior faculty”) (state how many positions are available. ) • Employer’s name (MIT’s name spelled out) and location of job (Address/Cambridge, MA) • Requirements (degree and field, specific experience, if any – (for Assistant Prof. positions experience is not required)* • Duties: TEACHING (must be explicitly named as a duty) - include other academic duties.

Advertisement Requirements for Labor Certification, cont’d. * Experience: If any experience and/or specific degree is stated in the ad, candidate MUST have possessed the minimum qualifications required for the job before he/she was offered the position. If experience is required, it must be quantified in years/months– cannot just say “extensive experience”. Preferred Qualifications: For DOL they automatically become “Required Qualifications” Preferred method: print hard copy ad, in a national professional journal (which includes articles and job postings). Electronic ads: Can now use on-line ads, but must be a FULL ad in a national professional journal in the appropriate field- not just a compilation of job postings. Must have copy of actual on-line posting and clear proof that ad was posted for at least 30 days (i. e. invoice showing specific posting dates and ad screen shots of first and last days of posting.

Degree requirement It is not uncommon for departments to make offers to potential faculty candidates when they are in the final stages of completing Ph. D. Some are hired before their dissertation defenses. It’s a problem if an ad says that a Ph. D. is required and the candidate doesn’t have the required degree yet when he/she is offered the position. To avoid this problem, the minimum degree requirement in the ad should state “Ph. D. or near completion of degree” or “Ph. D. by start of employment” - NOT by “appointment date” (= offer date). Don’t assume that “it is understood “ that college professor positions require a Ph. D degree – state it in the ad and always include the degree field (Ph. D in Economics…).

“Good” / “Bad” Ad? Massachusetts Institute of Technology – Come work with us! Department of _____ seeks candidates for two tenure-track faculty. An anti-disciplinary research or organization, ___ focuses on the invention of new technologies that radically improve the way people live, learn, … Candidates should have a record of original thinking, action, and impact in the arts, design and quality of life. … Successful candidates will establish and lead their own research group, pursue creative work of the highest int’l standard, …; supervise students and participate in the ___ academic program. The ___ welcomes applications from candidates interested in establishing research programs in music, __ things we have not thought of, or any combination thereof. To apply, please fill out the application at: http: __ Application Deadline: ___ Appointments will be principally at the Assistant Professor level. A doctorate is not necessary, but evidence of extreme creativity is.

“Good” / “Bad” Ad? Massachusetts Institute of Technology 77 Massachusetts Ave. , Cambridge, MA 02139 The MIT Dept. of ___ invites candidates for faculty positions starting July __ or thereafter. Appointments will be at the assistant or untenured associate professor level. Candidates should hold a Ph. D in __ or a related field by the start of employment. Faculty duties include teaching at the undergraduate and graduate levels, advising students, conducting original scholarly research, developing course materials and service to MIT. Interested candidates should submit applic. materials electronically at: http: __ Application must include: ___, ___. With MIT’s strong commitment to diversity in ___ education, we specially encourage minorities and women to apply. MIT is an Equal Opportunity /Affirmative Action Employer.

“Good” / “Bad” Ad? The Massachusetts Institute of Technology ___Studies and ___section invites applications for a tenure-track position in contemporary __studies at the level of Assistant Professor to begin Fall __ (employment begins July 1, 2015). Ph. D required. Preference will be given to candidates with 2 years of academic teaching experience at the college or university level and clear evidence of scholarly development. Teaching duties include midtier and upper-level undergraduate courses…. Please submit all applications materials to: https: academicjobsonline….

“Good” / “Bad” Ad? Assistant Professor – Department of ___ Massachusetts Institute of Technology MIT invites applications for tenure-track appointments beginning __ MIT __ has particular interest in appointments of faculty whose preference is to teach in the area of __ broadly defined. Appointments are at the rank of Assistant Professor, but outstanding senior applicants may be considered. A complete application must include: ___ Applications are being accepted at: ___ and must be received by: __ Search contact: Ms. ___, Dept. of___ MIT, address, email.

“Good” / “Bad” Ad? Faculty positions in __ Massachusetts Institute of Technology, 77 Massachusetts Ave. , Cambridge, MA 02139 MIT’s __School’s __ Group is seeking faculty at the junior level effective ___ or as soon thereafter as possible. Outstanding senior level applicants will also be considered. …Faculty responsibilities include teaching ___ as well as more specialized courses at undergraduate and graduate level. Applicants must hold a Ph. D in ___ or a related field by date of appointment. Please submit your application by: ___ Applications should be addressed to: Prof. ___. To submit an application, please visit: http: ___

IMPORTANT REMINDERS No print or electronic ad = not able to submit labor certification – Faculty must wait several years to apply in another category Keep all search related doc. together from outset of search – Search Committee report must include candidate comparisons; ADS: all original tear sheets of print ads, proof of electronic ads; recommendation to hire letter from Dept. Head to Dean, etc. . Inform Personnel Administrator in HQ immediately upon extending offer to possible foreign national (who will inform ISch. O). Lead time is essential. MIT Department or School must independently inform Provost’s Office of all new faculty hires (international or not) *PAs liaison with ISch. O on personnel and visa matters. If ISch. O is not brought into the loop, nonimmigrant visa work cannot be timely processed by desired start date.

CONSIDERATIONS: - Starting the process… FACULTY OFFER 1. Upon acceptance of faculty offer (even if faculty start date will be deferred), ISch. O will need: • Copy of offer letter (to start “ 18 -month clock”); • Confirmation of faculty start date (to determine proper timing of visa application); • Copy of at least one print or on-line ad in national professional journal (to determine if labor cert. process will be possible);

CONSIDERATIONS: - Starting the process… 2. After offer acceptance, ISch. O can meet with faculty and/or Dept. Administrator (or via telephone) to discuss timing of visa process, and “problems” that could prevent/delay visa process; 3. Address whether incoming faculty possesses the required degree as stated in ad? Near completion of Ph. D. ? Ph. D. required at start of employment? Ph. D. at start of “appointment” (problematic); 4. In case visa issues arise, did offer letter contain “employment contingent on visa eligibility "clause?

IMPORTANT ISch. O must be informed about offers to foreign nationals (and acceptance) as soon as offer is extended (even if employment date is deferred for a year or so) because we must file labor certification within 18 -months of the offer. Without notice when an offer is made, ISch. O faces rush labor certification applications or missing the opportunity to file labor certification altogether. Faculty member will have to wait until he/she meets criteria for “outstanding professor/researcher” or “alien of extraordinary ability”.

…Employment Eligibility … Screening to determine visa eligibility: • Before meeting with faculty and administrator, ISch. O will need “Forms H” including appointment information and faculty’s qualifications and previous immigration history and documentation to screen the situation. Some common obstacles to visa process: • If faculty “is subject to 2 -year home country residence requirement” = J-1 waiver must be obtained before H-1 petition can be processed; • Depending on when offer is extended, will MIT have enough time to process H petition? • If H is not possible: Other employment eligibility possibilities = faculty may start appointment on other visa(i. e. OPT/EAD, O-1 (can be problematic for Jr. fac. ) or J-1 Academic Training – BUT not on E-3, J-1, or TN (by regulation); Other considerations? • Dependent visa(s) • Travel • Change of Status vs. Consular Process

Search Documentation REMINDER: To prevent problems when labor certification process begins, ALWAYS assume that Faculty Search will produce international faculty hires. And, always keep all search related documentation together from outset of search. Copy of the Final Report of the Search Committee (including pre and post search reports); Copy of the letter to the Dean from the Search Committee making the recommendation to hire (Note: many depts. don’t prepare official letter recommending hire – best practice = always make recommendation to hire in separate formal written statement).

What else…? Proof of Recruitment efforts (print, electronic, and other): • An original or certified copy of all PRINT advertisements; • Electronic advertisements with first/last screen shots, invoice with proof of 30 days posting; • All other recruitment sources utilized.

Once LC is approved -Then what? Immigrant Worker Petition (Form I-140) • Once labor certification is approved, MIT can file Form I 140 with the USCIS; • Form I-140 must be filed within 180 days of labor certification application approval or it expires and new search will have to be done, or faculty will have to wait 3 years and/or qualify for “outstanding professor/researcher” category; Adjustment of Status to Permanent Resident (Form I 485) – Depending on faculty’s country of nationality, he/she may file concurrent “Adjustment of Status to Permanent Resident application(s) for self and qualifying dependents (and applications for “EAD” and “travel authorization”). NEW: In-person interview is now required.

Questions