Visa category comparison
Permanent Residence
A lawful permanent resident is a foreign national who has permission to reside in the US on a permanent basis and to work, study, and travel, and otherwise live in the US without maintaining other status. Permanent residents are sometimes called “green card holders.”
University sponsorship for employment-based permanent residence
Petitions under this category are based on an active employment relationship within the US, either through direct sponsorship through your current employer or through “self-petition,” both of which are subject to strict eligibility criteria.
The position must be permanent in nature and full-time. Part-time positions and staff positions cannot be sponsored for permanent residence. The employee must meet the United States and Immigration Services (USCIS) criteria for permanent residence.
Overview and background
The term “sponsor” refers to the act of lending support to an application by way of a long-term job offer. An offer of a “permanent position” refers to a long-term position at the University. Sponsorship for permanent residence doesn’t constitute a guarantee of lifetime employment or of tenure.
Generally, the University sponsors people meeting USCIS requirements in:
- Tenured or tenure-track teaching or research positions requiring a doctorate degree
- Research positions having no fixed term and in which the University will ordinarily have an expectation of continued employment unless there is a good cause for termination
Positions eligible for permanent residence sponsorship by the University include:
- Tenure and tenure-track positions (i.e., assistant, associate, or full professors)
- Research assistant professors
- Research and scientist positions requiring a PhD
- Medical doctors
- Dentists
- Physician assistants
- Nurse practitioners
Positions not eligible for permanent residence sponsorship by the University include:
- Postdoctoral researchers/fellows, which are considered temporary and training positions
- Medical residents/fellows, which are considered temporary and training positions
- Entry-level faculty or researcher positions that do not require a PhD
- Staff positions
Employment-based categories
EB-1 is the preferred path to permanent residence by the University. To qualify for this category, the University must demonstrate that the person:
- Is internationally recognized as outstanding in a specific academic field
- Has at least three years of relevant teaching or research experience
- Holds a tenure-track appointment or a permanent research position
A permanent research position has no fixed term and in which the University will ordinarily have an expectation of continued employment unless there is a good cause for termination.
The benefits to this designation is that the University isn’t required to apply for the permanent labor certification on behalf of the international faculty/researcher prior to filing, and in certain instances it will allow for an expedited path to permanent residence. However, the level of scrutiny and review provided to these petitions is steadily increasing and the person must be able to provide a large amount of convincing evidence that they are truly internationally recognized in a specific field.
International recognition in a specific field may include the following documentation and evidence:
- Recognition as outstanding in a specific academic field
- Receipt of major international prizes or awards for outstanding achievement in the academic field
- Original scientific or scholarly research contributions to the academic field
- Authorship of scholarly books or articles in scholarly journals with international circulation
- Participation, on a panel or individually, as the judge of the work of others in the same or allied academic field
- Published material in professional publications written by others about the person’s work in the academic field
- Membership in associations in the academic field which require outstanding achievements of their members
To qualify for this category, the job the person applies for must require an advanced degree and the person holding the position must demonstrate that they hold that degree.
A prerequisite for this petition includes the University filing a Permanent Labor Certification with the US Department of Labor (DOL). Depending on the position, the advertisement for the position, as well as the search and selection process, must meet certain standards in order for the application to be approved by the DOL.
Labor Certification legal fees must be paid by the hiring department, per DOL regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.
Note: There is a several years-long delay in the issuing of immigrant visas for the EB-2 category for people from China and India.
To qualify for this category, the person must be able to demonstrate that the position requires at least a US bachelor’s degree (or a foreign equivalent) and the person is a member of the professions.
An additional prerequisite for this petition is the filing by the University of a Permanent Labor Certification with the US Department of Labor (DOL). Depending upon the position, the advertisement for the position, as well as the search and selection process, must meet certain standards in order for the application to be approved by the DOL.
Labor Certification legal fees must be paid by the hiring department, per DOL regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.
The University does not sponsor positions that only require a bachelor’s degree.
Note: There is a several years-long delay in the issuing of immigrant visas for the EB-3 category for people from China and India.
Other alternatives: Immigration law is ever-expanding, and depending upon the person’s unique situation, there may be other options available. Every case is different and each person brings with them a unique set of facts that must be considered when choosing a path toward permanent residence.
Sponsorship process and procedures
The sponsoring department at the University must:
- Intend to employ the individual for at least three years
- Ensure funding for the position is guaranteed for three years
- Have the job available to the applicant at the end of the permanent residence process (which may take two to three years)
University departments interested in sponsoring an employee for permanent residence should send a short statement in easily understood terms explaining the employee’s current and prior research/teaching accomplishments, job description, and CV to ISO.
ISO will then contact the department, review the situation, and make recommendations as to the best path to permanent residence.
ISO makes the final determination for each individual case about whether the person can be sponsored for permanent residence by the University. Certain ISO staff have sole authorization to sign immigration petitions representing the University to USCIS. Department chairs, administrators, faculty, or staff are not authorized to sign immigration documents.
Permanent residence should not be guaranteed to candidates during the interview process. The University makes the final determination as to whether a specific case can be sponsored by the University, in light of its policies, practices, and government criteria.
Other Considerations
The legal and filing fees for the I-140 Immigrant Petition and the filing fee of $580 may be paid for by the hiring department. All filing fees are paid to the Department of Homeland Security when the petitions are submitted.
The I-485 Adjustment to Permanent Residence filing fee of $1,070 should be paid for by the international employee and not by the hiring department.
The I-140 Immigrant Petition can be premium processed for $1,225. The hiring department or foreign national employee can pay this fee. University departments should consult with ISO to determine if premium processing is necessary and or recommended for the I-140 petition.
Labor Certification legal fees must be paid by the hiring department per US Department of Labor regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.
Filing fees are subject to increases by the government.
These immigration petitions are outside the purview of the University of Rochester and its legal abilities to offer assistance. They are varied and might include:
- Immediate relatives of US citizens (spouses, children, and parents)
- Close family members of citizens
- Permanent residents (unmarried children of citizens; spouses and unmarried children of permanent residents; married children of citizens and brothers and sister of citizens)
Diversity visa lottery
Each year, the Department of State (DOS) conducts a random selection of Diversity Immigrant Visa Program applicants as part of its Diversity Visa Lottery. The lottery is usually held annually in October and November. It allows foreign nationals to apply for Permanent Residence eligibility based on low immigration rates from their home country in recent years.
Note: Current F-1 students and J-1 exchange visitors are often hesitant to apply for the Diversity Lottery, fearing that it will contradict their nonimmigrant intent and limit their eligibility for a visa renewal during travel. However, entry in the Diversity Lottery is not an application for US Permanent Residence.
For selected applicants, the lottery only grants eligibility to apply for Permanent Residence in the future, which must be filed separately during the appropriate fiscal year. The lottery wouldn’t contradict your current nonimmigrant category and you could still indicate that you had not filed an Immigrant Visa Petition on the DS-160 visa application.