Foreign national faculty members need to obtain U.S. Permanent Residence (PR) status to work permanently at the University. An individual's temporary H-1B status typically expires after 6 years.
ISSS works with new tenure-track and tenured faculty members (with classroom teaching duties) and their departments to apply for permanent residence*. There are several paths to employment-based Permanent Residence, but in almost all cases we use the category/process known as Labor Certification**.
It is important that departments notify ISSS at the time that a tenured/tenure-track job offer is made, because the deadline for the Labor Certification application (the first step in the process) is based on the employment offer date.
Please refer to our Fees page for a description of associated fees.
Labor Certification Process
1(a). Prevailing Wage Determination (PWD)
The purpose of the PWD is to comply with the immigration requirement that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The employing department must pay the prevailing wage as determined by the Department of Labor (DOL). Where the position is governed by a collective bargaining agreement, the wage set by the CBA serves as the prevailing wage.
PWDs are currently taking more than 9 months to be issued by the DOL. ISSS must receive the initial required documents from the department in order to file the PWD. While the PWD is pending, ISSS works with the department to gather and prepare the required materials for the Labor Certification.
Once the PWD has been issued, ISSS can submit the Labor Certification.
1(b). Labor Certification
This application requires compiling detailed documentation to demonstrate that a competitive recruitment and selection process was followed that led to the hiring of a foreign national candidate. The Labor Certification must be submitted to the DOL no later than 18 months from the date of the original offer letter. (Please take note of this date!). The DOL reviews this application to assure that recruiting requirements were followed, including the placement of an ad in at least one national professional journal and a demonstration that the individual hired was the "best qualified" applicant.
Labor Certifications are currently taking 6-8 months to be issued by the DOL.
2. I-140 Immigrant Petition for Alien Worker
After the Labor Certification is certified, ISSS submits the I-140 petition for an immigrant visa to the U.S. Citizenship and Immigration Service (USCIS). The I-140 is based on the University’s certified Labor Certification and corresponding documentation of the faculty member’s qualifications.
USCIS accepts Premium Processing fees for I-140s. Premium Processing can be requested with the initial I-140 petition or at any time thereafter. If the I-140 is submitted with Premium Processing, a decision will be made on the application in 15 days (plus mailing time). I-140s without Premium Processing are currently taking 10+ months to be adjudicated. USCIS adjudication can be delayed by Requests for Evidence (RFEs).
3. I-485 Adjustment of Status
This is the final step of the permanent residency process, and it must be completed by the foreign faculty member (not the department). Upon approval of the I-485 by USCIS, the applicant’s status will officially be adjusted to permanent resident/green card holder. ISSS does not compile or file the I-485, because it is the employee’s personal application rather than an application of the University. Employees may consider retaining outside counsel for guidance on the I-485, and they can discuss this with ISSS. The faculty member’s spouse and minor children can also file I-485s at this stage. The I-485 requires a medical exam, birth and marriage certificates, etc.
Some applicants will be eligible to file the I-485 concurrently with the I-140, and others will not. This is dependent on the applicant’s country of chargeability (generally, the country of birth), and whether their priority date is current in the Department of State’s Visa Bulletin. If the applicant is eligible for concurrent filing, and the I-485 is completed when we are ready to submit the I-140, ISSS can send both applications to USCIS at the same time. For questions regarding chargeability and the Visa Bulletin, please contact ISSS.
9–12 months (after I-485 is filed with USCIS)