Introduction
All international faculty and staff should check with their department liaison to begin the permanent resident process. It is Purdue University’s commitment to our international tenure-track faculty to pursue permanent residency by virtue of their appointment at Purdue. For non-faculty, permanent residency will be pursued on a case-by-case basis.
In order for ISS to assist departments in evaluating the appropriateness of filing an application for a non-faculty permanent resident application the department must complete the Questionnaire to Ascertain Viability of Permanent Residency Sponsorship. This questionnaire requires statements from the beneficiary's immediate supervisor and from the Head of the Department or Dean of the School/College as well as copies of the beneficiary’s curriculum vitae and HRS form 10. Please check with the department liaison concerning the questionnaire. Once ISS has received and reviewed these forms a recommendation will be made to the department concerning the viability of pursuing permanent residency for the beneficiary.
Step 1: Labor Certification
Labor certification is a recruitment process whereby the employer determines, to the satisfaction of the Department of Labor (DOL), that there are no U.S. citizens or permanent residents who are able, willing, qualified and available for the position. In an effort to protect the job market for U.S. citizens and permanent residents DOL requires documentation of national advertising of a position vacancy and of the selection process.
Tenure-track faculty positionsTenure-track faculty positions may be eligible for 'special handling’. Special handling allows the hiring department to make an offer of employment to the best qualified applicant without regard to citizenship or residency status. This follows normal hiring procedures at the university. An original advertisement from a national journal must be kept on file for this process. Labor certification for faculty is based on advertising already completed by the employer. Special handling labor certification applications must be filed with DOL within 18 months of the offer date. Applications for labor certification are submitted online with DOL. Documentation must be kept concerning the advertisement, recruitment and hiring for audit purposes. The online process has greatly reduced processing time of these applications. Approximate processing time is 2-6 months.
Non-faculty positions
New DOL regulations published in March 2005 require additional advertising for regular labor certification applications. This advertising goes beyond the normal advertising practices for such positions at Purdue. At Purdue, labor certification applications will only be filed on the basis of a strong justification as well as an assurance of continuing support from the hiring department. Applications on behalf of “Visiting” positions and “Post-Doctoral” appointments will not be supported as these positions are not permanent positions.
Please note: An approved labor certification does not provide employment authorization or permission to remain in the U.S. permanently. Nonimmigrant status must be maintained during this time period and the beneficiary must have valid work authorization to continue employment.
Step 2: Immigrant Visa Petition Approval (I-140)
CIS Forms used during this step:
Professionals Holding Advance Degrees (EB-2)
With an approved labor certification from DOL an immigrant visa petition may be submitted to the U.S. Citizenship and Immigration Services (USCIS). Within this petition the employer demonstrates that an offer of employment is being made to the nonimmigrant applicant and that they are financially able to pay the wage offered.
Documentation must be provided showing that the beneficiary meets the education and experience qualifications required for the position as described in the labor certification application. Approximate processing time for this step is 4-12 months.
Outstanding Professor and Researchers (EB-1)
A department that wishes to apply for permanent residency for a beneficiary based on the individual´s merit as an outstanding professor or researcher must have a permanent job offer within the department. This option does not require labor certification through DOL. The application for the outstanding professor or researcher is sent directly to USCIS for review.
Qualifications for an Outstanding Professor Researcher Application
1. The individual must have at least 3 years of experience and/or research in the academic field. (Experience gained in teaching and research during the course of work on an advanced degree may only be accepted if the individual has acquired the degree and s/he had full responsibility for classes taught or if the research conducted was recognized as outstanding within the academic field.)
2. The individual must be offered a permanent position.
This may be a tenure or tenured track position or a permanent research position. "Permanent" has been defined as a period of indefinite or unlimited duration in which there is an expectation of continued employment, unless there is good cause for termination. Applications will not be made for "Postdoctoral" or "Visiting" positions as they are not considered to be permanent.
3. The individual must be recognized internationally as outstanding in a specific academic area. This criteria must be evidenced by at least two of the following criteria.
a. Receipt of major prizes or awards for outstanding achievement in the academic field;
b. Membership in associations in the academic field which require outstanding achievement of their members;
c. Published material in professional publications written by others about the applicant's work in the academic field;
d. Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field;
e. Original or scholarly research contributions in the academic field; and,
f. Authorship or scholarly research contributions to the academic field.
Please note: An approved Form I-140 does not provide employment authorization or permission to remain in the U.S. permanently. Nonimmigrant status must be maintained during this time period and the beneficiary must have valid work authorization to continue employment.
Step 3: Adjustment of Status to Permanent Residency (I-485) or Immigrant Visa Processing
If an immigrant visa is available for the beneficiary an application to adjust to permanent resident status in the United States may be submitted with an approved I-140. In some cases, the I-485 application may be filed concurrently with the I-140. The beneficiary may also choose to apply for the immigrant visa at a U.S. embassy/consulate in his/her home country. This decision should be made when the I-140 is filed with USCIS.
Both the adjustment of status application and the immigrant visa application is the responsibility of the beneficiary to complete and submit. Legal counsel may be sought if assistance is needed. Purdue University is not responsible for the adjustment of status or the immigrant visa applications.
Adjustment of Status
CIS Forms used during this step:
An application for adjustment of status (I-485) contains various forms. The following website details the forms needed for this application. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5993da568324e010VgnVCM1000000ecd190aRCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD. A separate packet should be completed for each family member that is applying for permanent residency. The completed application(s) should be submitted to the USCIS office in Lincoln, NE.
Once the application has been submitted to USCIS a receipt will be mailed to the beneficiary for each application submitted. The beneficiary will receive a notice for fingerprinting within 2-3 months of submitting the application. Instructions will be given as to where and when the fingerprints will be taken.
Processing time for this application is approximately 18-24 months. Processing times and case status' may be checked at the following website: http://www.uscis.gov/portal/site/uscis
During the adjustment of status process it is advisable for an individual to maintain his or her H-1B/H-4 non-immigrant status. H visa status allows for dual intent. Dual intent allows an individual to be in the U.S. on a non-immigrant visa but have intentions to immigrate. This individual may travel during the adjustment process with a valid passport, valid H visa stamp and current Form I-797 approval notice without affecting the underlying I-485 petition for permanent residency.
In some cases, the alien may choose to apply for an employment authorization document (EAD) and a travel document known as "advanced parole". These applications may be submitted along with the I-485 application or afterwards. The EAD card will be issued within 90 days and the travel document in approximately the same time frame. The forms needed for these processes are the Form I-765 for the EAD card and the Form I-131 for advance parole. These may be downloaded from the web.
Immigrant Visa Processing
When an I-140 has been approved and immigrant visa processing is indicated on the I-140 application, the National Visa Center (NVC) will correspond with the beneficiary concerning the immigrant visa process once an immigrant visa number is available for that individual. Processing time varies with each US embassy/consulate. The beneficiary must follow the instructions given by the NVC and the US consulate where he/she will be interviewed. It is advisable for the beneficiary to check with the U.S. consular post for details concerning this process. Most consulates have helpful information on their websites.
After the US consulate or embassy has received and reviewed the application an interview will be scheduled. The beneficiary will need to make plans to have a medical exam completed in his/her home country with a physician approved by the U.S. consulate before the interview. The interview will take place at the notified consulate. At the time of the interview, if the applicant is approved he/she will be given a packet to present at the port-of-entry upon returning to the U.S. At the port-of-entry the immigrant visa in the beneficiary´s passport and the passports of all dependents will be adjudicated/stamped to indicate that they have been admitted as lawful permanent residents. The actual "green card" will be mailed to the beneficiary sometime after his/her entry into the US.