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Permanent Residency Sponsorship

Permanent residence applications on behalf of foreign national employees are filed by a specific school of Tufts University. It is, therefore, a school's decision and NOT an individual employee's decision to proceed with sponsorship. Moreover, the sponsorship of each foreign national employee must be approved by the Chair and the Dean of the sponsoring Department.

The Provost of Tufts University is the sole authorized official eligible to sign any documentation required for filing applications for permanent residence. The staff at the International Center reviews all applications prior to referring for signature to the Provost's office. If you have any questions, please contact Jane Etish-Andrews, Director of the International Center.

What does it mean to be "sponsored" by Tufts for permanent residence?

The term "sponsor" refers to the act of lending support to an application through the means of a long-term job offer. Depending on the type of position being offered, the background of the foreign national, and the specific type of immigration procedures required, the university may choose to sponsor or support the application by signing certain immigration documents verifying that it is offering the employee a permanent position. An offer of a permanent position refers to an offer of a long-term position at the University. Sponsorship for permanent residence does not constitute a guarantee of lifetime employment or of tenure.


Step I. - SPONSORING DEPARTMENT (must submit a letter to the Dean)

THE SPONSORING DEPARTMENT REQUEST LETTER: The request for sponsorship must originate with the Department and be submitted to the School Dean in the form of a letter. The Sponsoring Department must make a written request for the Dean's approval, which is required for all Tufts-supported permanent residence applications. The Sponsoring Department must provide adequate documentation to the Dean confirming that the offer of employment is long-term, permanent in nature, and expected to last at least three years into the future. Many Post-Doctoral positions are typically offered for a two-year term. In these instances, the Principal Investigator would need to wait until the third year to apply for sponsorship of permanent residency. The following points should be included in the request letter:

• Rationale for such a request;
• Evidence of department funding for at least three years
• Credentials of the individual
• Statement describing the individual's special abilities 
• Expectation of a three-year commitment

Step II - OFFICE OF THE DEAN

THE DEAN'S RESPONSE LETTER TO SPONSORING DEPARTMENT: The School Dean will respond in writing to the Sponsoring Department's request with a copy directed to the International Center.

Step III - FOREIGN NATIONAL REQUIREMENT:

1. The Commitment Letter
   The foreign national must submit a Commitment Letter to his/her sponsoring department with a copy to the International Center. The letter should state that the foreign national commits to continue his/her work for Tufts for a minimum of three years into the future.
   
   
2. Meet with International Center Staff Before Seeking Outside Legal Counsel
   After the Dean has approved the request, the foreign national must schedule an appointment with Jane Etish-Andrews, Director of the International Center. This appointment must take place BEFORE outside legal counsel is retained. The purpose of this meeting is to review the application process and receive the listing of Tufts approved attorneys.
   
    
3. The Foreign National is Responsible for All Attorney Fees
   The legal fees for a permanent residence application can range from $5,000-$6,000 depending on the complexity of the case. Also, many attorneys charge an extra fee for processing the permanent residence applications of additional family members, such as a spouse and children. Individuals who are being offered Tufts sponsorship for permanent residence MUST agree to contract an attorney from the Tufts approved attorney list to ensure proper handling as well as institutional reputation. The foreign national must notify the International Center as to which attorney he/she has hired from the approved list.
   
   
4. The Foreign National assumes responsibility for ensuring that the attorney's office forwards all necessary documentation to the International Center. The International Center will secure all necessary signatures from the Office of the Provost.

Step IV - REQUIREMENTS OF THE INTERNATIONAL CENTER:

1. The International Center will require all three letters mentioned above in order to evaluate the case for institutional sponsorship of permanent residence. The letters required are: 
   
   
   • The Department Request Letter addressed to the Dean
   • The Dean's Response Letter to the Department
   • The Individual's Commitment Letter addressed to the Sponsoring Department
     
     
2. All permanent residence applications must be handled by an approved attorney and channeled through the International Center. The International Center will review all documents and obtain the Provost's signature. Review the acceptable immigration attorneys >>

POSITIONS TUFTS WILL/WILL NOT SPONSOR FOR PERMANENT RESIDENCE

Most employment-based permanent residence petitions are contingent upon a full-time, long-term employment relationship. In these cases, it is the EMPLOYER who files the application on behalf of the foreign national employee and who is liable with regard to the good faith and veracity of the petition. For this reason, sponsorship decisions are based solely on the institutional need for a candidate's unique skills and expertise, and not on "personal favors." To do otherwise would subject Tufts to serious liability, as well as compromise the institution's reputation. The following is a list of the types of positions Tufts will and will not sponsor:

TUFTS WILL SPONSOR

1. TENURED OR TENURE-TRACK FACULTY MEMBERS
   Most tenured or tenure-track faculty cases can be expedited through the "Special Handling" Faculty Labor Certification process. In order to be eligible to apply through this category, the application must be submitted to the Immigration and Naturalization Service within 18 months of the job offer/close of job search (not start date at Tufts). Tenured or Tenure-track candidates are able to commence their permanent residency application process immediately upon commencing their employment at Tufts by following the procedures set forth in this document.
   
   Please note, however, that a tenure-track position does not automatically guarantee approval of permanent residence. Tenure-related decisions are made by Tufts University. Permanent Residence, on the other hand, is granted by the U.S. Citizenship and Immigration Services (USCIS). It is, therefore, the USCIS and not Tufts which has the discretion to approve or deny petitions for permanent residence.
   
   
2. NON-TEACHING RESEARCH POSITIONS OF A PERMANENT NATURE ONLY IF they have been working full-time at Tufts for a minimum of two years in a Research Associate rank or higher level. Tufts will consider sponsorship of these positions ONLY at the end of the person's second year at Tufts and ONLY if the employment is expected to last at least three years into the future in a Research Associate rank or higher.

TUFTS WILL EVALUATE/CONSIDER SPONSORSHIP FOR:

1. NON-ACADEMIC POSITIONS ON A CASE-BY-CASE BASIS:
   Non-academic high-level positions such as professional, administrative, and technical positions filed through the Human Resources department will be evaluated on an individual, case-by-case basis. Typically these positions will be full-time, high-level, and exempt. Usually these positions will be regular positions in job markets where the University cannot otherwise recruit and hire qualified non-sponsored candidates. The position must require a minimum of a Bachelor's degree and the individual must possess a Bachelor's degree in the field of the job.

TUFTS WILL NOT SPONSOR:

1. Tufts WILL NOT Sponsor Part-Time, Temporary or Visiting positions such as Professors, Scientists, Lecturers, Researchers, or Post-Doctoral Fellows. (Only full-time, permanent in nature, positions carrying the title of "Research Associate" or a higher ranking title will be considered.)
   
   
2. Tufts Will Not Sponsor "NATIONAL INTEREST WAIVER" APPLICATIONS.
   In 1998, USCIS revised their National Interest Waiver guidelines. The new regulations make it much more difficult, in fact almost impossible, for applicants to secure a positive response when applying under this category. Be sure to consult with a couple of immigration attorneys before deciding to go forth with this type of application.