U.S. Permanent Residence Overview

Prerequisites

• In most cases, ISSS files Form I-140 petition via Burr & Forman, LLP with U.S. Citizenship and Immigration Services (USCIS) to classify the faculty member/position in the EB-2/advanced degree professional classification (based on USDOL Permanent Employment Certification with Special Recruitment and Documentation Procedures for College and University Teachers).
• Some individuals may elect to pursue other long-term sponsorship options on a case-by-case basis (e.g., Form I-130 petition or Form I-140 petition in other preference categories, such as EB-2 NIW or EB-1A).

Adjustment ("Green Card") Process

• Faculty member and any eligible dependents living in the S. are responsible for applying timely to USCIS for “adjustment” (i.e., from temporary/non-immigrant to permanent/immigrant status) as soon as an immigrant “slot” is available per the U.S. Department of State monthly Visa Bulletin. Timing/eligibility for filing varies by priority date, eligibility classification, country of birth, supply/demand each federal FY, etc.
• Faculty member is responsible for all expenses related to the adjustment process for themselves and for any accompanying dependents (e.g., USCIS filing fees, medical exam fees, legal fees, ). USC does not cover expenses related to the adjustment application process per policy HR 1.25.
• Each applicant files their own adjustment materials (USCIS Form I-485 Application to Register Permanent Residence or Adjust Status, USCIS filing fees, Form I-797C receipt notice or Form I-797 approval notice for Form I-140 or Form I-130 petition, other supporting documents; plus Form I-765, Form I-131, and Form I-693 completed by USCIS-approved Civil Surgeon as USCIS case processing times vary.
• Faculty member may elect to retain their own counsel at their own expense (e.g., Melissa Azallion Kenny of Burr & Forman, LLP or another AILA member) to prepare the adjustment application; alternatively, faculty member may elect to self-prepare adjustment materials using USCIS instructions and resources, such as myUSCIS, filing tips, Customer Contact Center, and Change of Address.
• Faculty member must submit USCIS Form I-485 Supplement J Confirmation of Bona Fide Job Offer to verify USC employment in the position certified on USDOL Form ETA-9089 and USCIS Form I-140. ISSS is employer’s authorized signatory on Form I-485 Supplement J for Part 5/Information About the Employer, Part 6/Information about the Job Offer, and Part 7/Statement, Contact Information, Certification and Signature of… the Authorized Signatory of the Business Entity Employer. Part 8 remains blank, unless faculty member elects to retain Burr & Forman, LLP for the “adjustment” process.

Employment-Based Immigration

Plan Ahead

• F-1 Students: Schedule dissertation defense timely & coordinate with institution’s graduate school/registrar to secure degree conferral (transcript/diploma) prior to employment start date. Submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS) for OPT/STEM OPT work permission in consultation with graduate institution’s international office/DSO. For OPT STEM option, ISSS signs DHS Form I-983 page 2 as USC’s
• J-1 Exchange Visitors: Monitor Form DS-2019 expiration date; if subject to INA 212(e), fulfill or seek
• Arriving from overseas? Allow adequate time for USCIS processing times, USDOS NIV interview scheduling, administrative processing and travel arrangements.

USCIS / H-1B Temporary Work Permit

• ISSS files USCIS Form I-129 via Burr & Forman, LLP for 3-year period (or remaining time available in H-1B status as applicable). H-1B is limited to cumulative maximum of 6 years per person, with limited exceptions.
• Casework/filing timeline varies on a case-by-case basis, depending on PhD completion (official transcript/diploma), OPT/OPT STEM expiration if applicable, and faculty member’s travel plans.
• Academic unit pays USCIS filing fees for Form I-129. Form I-907 premium processing service may be available, depending on business need (+$2,805). USCIS processing times

USDOL / Permanent Employment Certification

• ISSS requests USDOL Form ETA-9141 Prevailing Wage Determination via Burr & Forman, LLP and all search documentation from academic unit. USDOL processing times
• If search meets USDOL “special handling” criteria (20 CFR 656.18), ISSS submits USDOL Form ETA-9089 via Burr & Forman, LLP within 18 months of initial job If search does not meet these criteria, HR-OIS will refer faculty member for other options (see below).
• Form ETA-9089 submission date becomes “priority date” for subsequent procedures as described below. USDOL processing times

USCIS / Immigrant Petition

• Within 6 months after USDOL “certification” of Form ETA-9089, ISSS files USCIS Form I-140 immigrant petition) via Burr & Forman, LLP to classify faculty member/position as “advanced degree professional” in employment-based 2nd preference category (“EB-2”); on a case-by-case basis, classification as an outstanding professor/researcher (“EB-1B”) may be considered for faculty members with at least 3+ years of post-PhD experience and international recognition for extraordinary achievements.
• Academic unit pays USCIS Form I-140 USCIS Form I-907 premium processing fee is available at faculty member’s expense (+$2,805). USCIS processing times vary.
• S. Department of State monthly Visa Bulletin controls availability of immigrant “slots” during federal FY. Slot availability varies seasonally by country of birth and immigrant “preference” category (e.g., EB-2).
• Faculty member may self-petition I-140 for EB-2 NIW or EB-1A classification at any time at their own expense.