Suppose a candidate finishing their PhD (in mathematics) is applying for teaching-oriented positions at universities, such as Assistant Teaching Professor, Assistant Professor of Instruction, Clinical Assistant Professor, or Lecturer. While these positions are typically not tenure-track, many of them are also not considered "temporary" positions. For example:
These non-tenure-track faculty positions are considered career positions that are not temporary, but with the expectation of reappointment and promotion.
(And disregarding the university's perspective, I believe a position is deemed non-temporary for US immigration purposes as long as there is a guaranteed funding for a minimum of three years.)
Depending on the university, these non-temporary teaching positions may be eligible for permanent residence sponsorship through EB-2 Special Handling Labor Certification (“PERM”). For example, University of Wisconson includes “Clinical and CHS faculty with primary teaching responsibilities who were offered the job within the past 18 months after a proper national recruitment was conducted” in the list of eligible individuals.
Question: Is it considered appropriate for the recruited employee to inquire about the university's willingness to submit an EB-2 special handling petition, as well as about the level of endorsement from the department, once an offer has been received?
On the one hand, it seems to me that it is inappropriate, because they don't know about how well the candidate would perform their teaching duties, whether they would want to keep them, and whether the department would be willing to pay all the processing fees (which the department is obliged to do by law, as far as I know). But on the other hand, EB-2 special handling petitions must be filed within 18 months from when the final recruitment was posted. So if it was posted in October 2020, the petition must be filed by April 2022, and by that time the candidate will have only worked one full semester at the university (assuming they started in Fall 2021), and it's still hard to evaluate their performance. (Edit: Some sources suggest that it is “within 18 months of the final selection of the scholar by the University”, in which case the university may have two semesters of teaching evidence instead of one.) While some universities have an official policy, such as requiring candidates to work for a year before initiating any immigration petitions (in such cases, it is unclear how they handle the filing of EB-2, possibly through re-hiring or considering EB-1 instead), many universities do not have a clearly defined publicly available policy regarding this matter. And even if they do, it still wouldn't hurt to make sure that it is still in force.