Section 1. Intention
MIT is committed to providing a safe, inclusive, and equitable (to the extent permitted by law) environment for all employees, including international employees, regardless of immigration status. While MIT is not able to provide legal advice to employees, MIT affirms its commitment to helping all employees admitted under F-1, J-1, and other immigration statuses that MIT sponsors to navigate the immigration process and will provide information with respect to their rights and responsibilities, the rules and regulations governing their immigration status, and travel out of and reentry into the United States.
Section 2. Support and Protections for All Employees
MIT affirms its commitment to supporting all employees and their families, regardless of their immigration status, to the extent permitted by law. MIT will not release information regarding employee immigration status to the Department of Homeland Security unless legally required to do so. MIT will also continue to make resources and guidance available to employees to assist with issues pertaining to immigration status.
Section 3. International Employee Unable to Be Present in the United States
MIT will continue to implement its Remote Appointment Guidance and will make every reasonable effort to arrange for employees covered by the Guidance to perform their job duties outside the United States, for a limited period of time, subject to legal restrictions. Employees will not be eligible for a remote international appointment if they fail to make satisfactory academic progress.
Employees covered by the Guidance shall make every reasonable effort to work with their graduate administrator to submit a remote appointment request prior to the start of the relevant appointment period, or as soon as possible if the reasons for the request are not known until after the start of the appointment period. MIT’s remote international appointments team shall evaluate each submitted request on a case-by-case basis, normally within ten (10) business days, and shall not unreasonably deny such requests. Employees approved for working outside the United States shall continue to receive regular pay and benefits, subject to legal restrictions. Additionally, permission to work remotely shall be reviewed periodically by MIT. Employees shall be notified at least two (2) months prior to the termination of their remote appointment, unless there has been a material change in the circumstances of the appointment that was not previously known to the remote international appointments team and would warrant a change to a previous approval.
Section 4. International Employee Unable to Work
If MIT is not able to lawfully employ or continue to employ an employee as a result of the employee’s immigration status, MIT agrees to meet with the employee and the Union (at the employee’s option and upon appropriate FERPA release, following Article 4, Section 2) to discuss potential reemployment into their prior position or another position if their previous position is unavailable. MIT shall make reasonable efforts to reemploy the employee as soon as possible after the employee obtains work authorization or immigration status that lawfully permits them to work.
Section 5. Legal Advice and the ISO’s Scope of Responsibility
While MIT does not offer legal advice to employees, MIT’s International Student Office (ISO) can advise an employee generally on visa issues as they relate to academic issues and/or employment with MIT. The ISO shall maintain a list of attorneys and agencies for referral if an employee has an immigration issue or if the employee is in need of immigration advice that is not related to the employee’s academic and/or employment relationship with MIT. Additionally, the ISO shall invite immigration attorneys to visit campus once each semester to discuss H visas and green cards. MIT agrees to make reasonable efforts to record any such presentation for additional viewing and/or, at its sole discretion, to make available live streaming of the presentation, provided that the immigration attorney(s) consent(s) to such recording.
The ISO will make a good faith effort to adequately support all MIT international employees in a timely manner. The ISO shall act in good faith to provide accurate, timely, up-to-date information regarding US immigration and other policies concerning international employees. MIT shall take all urgent steps to assist the employee in case incorrect or inaccurate information is given by the ISO. Employees who have questions or concerns about their assigned ISO advisor should reach out to the director of ISO.
The ISO shall act in good faith and in a timely fashion to provide assistance and necessary documentation for international employees. The ISO shall normally respond to questions and inquiries, including but not limited to general immigration questions, within three (3) business days. The ISO shall promptly update its online FAQ page in response to any officially published changes in federal, local, or MIT-wide policies affecting international employees. The ISO shall clearly list the required materials for requesting immigration documentation or authorization, on both its website and the iMIT request submission portal, and shall explicitly highlight any changes that have been made to the requirements within the past year. When an employee submits a request, the ISO shall notify the employee in a timely manner if there is missing or incorrect information or documentation. The ISO shall normally provide the requested immigration document or authorization within ten (10) business days of receiving a completed request submitted in iMIT, which includes all required information and materials. If ISO requires additional documentation and/or corrections to process the request, ISO will make reasonable efforts to provide the requested immigration document or authorization within the initial ten (10) business days, excluding any time it may take for an employee to provide all required information and materials. If there are special circumstances with an employee’s case that necessitate additional processing time, the ISO shall give notice to the employee within the original time limits stated above and confirm any additional information or materials required to complete this processing. The ISO shall approximate the amount of additional time needed, excluding any time it may take for an employee to provide all required information and materials.
If an employee is abroad and unable to enter the United States, the employee shall notify ISO staff directly, and the ISO shall provide necessary documents and support within five (5) business days of receiving all information/documentation from the employee and/or US government agency required to process requested documents or provide support/guidance.
The ISO shall cover costs for express mailing of documentation if required under the circumstances.
The ISO shall provide a hotline available at all times to assist international employees in urgent situations involving immigration status.