WELCOME! Permanent Residence: An ISSS WorkshopOctober 15, 2008

Introducing the A TeamAnne L. Butler, ISSS Director

Anna L. Stuart, ISSS Administrative Coordinator

Ann L. Lipson, Attorney at Law

AgendaPR Overview and PathwaysUCSC Visa Policy and the exception processHow to initiate PR petitions Working with ISSS and outside immigration counselReview of new UCSC PR FormsCase studiesQ&A

Learning ObjectivesUnderstand the various PR pathways: know what elements must be present in order to pursue each pathway

Understand how to navigate the PR process at UCSC: how to work with ISSS and outside attorney

PR Overview

Presented By Anne L. Butler

What is Permanent Residence?Immigrant visaImmigrant = Green card = Resident Alien = Lawful Permanent Residence

Requires offer of permanent employment Reasonable expectation of indefinite employment for professorsReasonable expectation of guaranteed funding for at least three years for researchersEmployment must be full-time

Definition: Non-immigrant VisaTemporary; for work purposes

Tied to specific employer FT/PT

Alphabet SoupH-1B (dual-intent)O-1A (dual-intent)TNE-3

Who Is a Permanent Resident?Someone who has acquired the legal right to remain in the U.S. indefinitely but is not a U.S. citizen

Has similar, but not all, rights and privileges as a U.S. citizen Employment, Voting, Selective Service

Advantages of PR for UCSC:Highly effective recruitment and retention tool

May enhance our ability to obtain government grants

Cost savings

Continuity of service

Advantages of PR for Foreign National:Significant quality-of-life enhancements:Long-term career planningSpouse & children may workResident tuition for childrenEligible for own federal grant fundingDependents dont time-out of derivative visa status at the age of 21Eligible for mortgage and other personal financial opportunitiesEase of travel including business travelFreedom to work elsewhere

Government Agencies & PRDept of Labor (DOL) for PERM labor certification cases only

Dept of Homeland Security (DHS)US Citizenship & Immigration Services (USCIS)Customs and Border Protection (CBP)

Dept of State (DOS)

USCIS Eligibility Paths for Permanent Resident StatusFamily membership

Employment based on a shortage of workers in an occupation or on the special skills, knowledge and ability of the applicant

Through investment that creates employment for U.S. workers

The Visa Lottery

Humanitarian reasons (refugees, asylum seekers)

USCIS Requirements for Employment-Based PRPosition must be permanent indefinite or unlimited duration

Position must be full-time

Position must require professional-level credentials

UCSC Visa Policy

UCSC Visa PolicyAcademic Personnel PolicyCampus Academic Personnel Manual (CAPM)

Input from ISSSMust meet USCIS requirements Must minimize chance of:DOL auditEmployment lawsuits

UCSC Visa PolicyUCSC may sponsor employment-based immigrant visas for:

Permanent tenure-track faculty members

Researchers in Professional Researcher Series at the Associate Researcher level or higher, if:employment is full-timefunding is guaranteed for minimum of 3 years;recruitment has occurred within 6 monthsScientist Series UARC only by pre-approved exception

Exceptions to UCSC Visa PolicyRequires approval by ISSS DirectorReview for legal bright line: must meet all USCIS requirementsAdvise AVC on risk that exception may pose

Requires approval by AVC Academic Personnel and EVCDetermine if exception is required to support academic missionDetermine if risk is acceptable

Exceptions to UCSC Visa PolicyAn exception to visa policy may not be part of a job offer

An offer of sponsorship may not be used to sweeten a low-wage position

An exception to policy is not appropriate as an automatic next-step when a non-immigrant visa expires

PR Pathways

PR for Tenure-track/Tenured Faculty & ResearchersPresented by Ann L. Lipson

6 Possible Pathways to PR Statusfor UCSC Faculty & ResearchersPERM

Outstanding Professor

Outstanding Researcher (or Researcher with Exception)

Self-petitioning Alien of Extraordinary Ability

Self-petitioning Alien whose work is in the National Interest

Marriage to US citizen

Pathway 1: PR for Classroom Professors Via PERMPERM Program Electronic Review Management systemLabor Certification application

PERM/Special Handling College/University Teachers only

Mandatory PERM RequirementsProfessor must be paid at or above the prevailing wage as determined by on-line wage library confirmed by DOL in Sacramento

Must be completed within 18 months of date of selection

Signed letter from Professor accepting job offer, with date of selection

PERM Competitive Recruitment RequirementsCandidate must be more qualified than any other U.S. workers who applied for the job as evidenced by completion of UCSC competitive recruitment, Parts A, B and C

Notice of job opening to Labor Relations for forwarding to UCSC Faculty Association

Minimum of 1 National Professional Journal Print Ad (campus omnibus ad might be sufficient)Ad tear-sheet and proof of payment

Copies of on-line advertising

Recruitment Report

PERM Recruitment DossierCopy of job offer letter (selection document)

Prevailing wage request determination from EDD

Copy of notice to Labor Relations for forwarding to Faculty Association, and copy of letter from Labor Relations confirming forwarding

Recruitment report documentation

PERM Recruitment Report DocumentationSigned recruitment report from hiring authority, supported by the following:Recruitment results, part A, B and CCopies of all adsStatement attesting to professors credentialsCopies of academic credentials and letters of reference

UCSC retains for 5 years

PERM ProcessStep 1: PERMUCSC files PERM application on-line with DOLBased on prior recruitment

Step 2: I-140UCSC files petition with USCIS to classify FN in employment-based 2nd preference categoryFile concurrently if visa available

Step 3: I-485FN & dependents file green card application in U.S.Normally file concurrently with I-140 if visa availableCan apply for PR at US consulate overseas

UCSC PERM Timeline: Special HandlingConduct normal competitive recruitment

Submit Academic Recruitment Record, Parts A, B, C

Must file within 30 180 days after notice forwarded to UCSC Faculty Association

DOL & USCIS Adjudication Timelines & FeesPERMDOL: 3-6 months, assuming no audit. Add on three months if auditedUSCIS: I-140 alone: 9-12 monthsUSCIS: I-485 green card application alone: 6-12 monthsUSCIS: I-140/I-485 together: 12-24 months

USCIS filing fees$0 for PERM$475 for I-140 for step 2$1010 for the FNs I-485 green card application (includes work permit and travel doc)

Pathway 2: PR for Outstanding ProfessorStep 1: I-140UCSC prepares and files petition with USCIS showing:Professor is internationally recognized as outstanding in his/her academic fieldHas at least 3 years of prior research/teaching experienceCan submit at least two out of eight possible types of evidence see handout for list of evidenceRequires at least six to eight letters of endorsement from scholars/researchers in the field

Step 2: I-485FN and dependents file green card applicationNormally filed concurrently with I-140 if visa is available

Pathway 3: PR for Outstanding Researchers (without or with exception)For FN at the Associate Researcher level or higher others must be by exception

Employment must be full-time

Funding must be guaranteed for a minimum of 3 years and recruitment has occurred within 6 months

Follows same 2-step process as Outstanding Professors

Pathways 4 & 5: Self-petitioning ResearchersMust demonstrate they are aliens of exceptional ability in the arts, sciences, business, or education; ORMust demonstrate that their work is in the national interest and that they contribute to this research in a significant way on a national level

Self-petitioners follow same 2-step process as UCSC-sponsored Professors and Researchers

Pathway 6: PR Based on Marriage to a US CitizenApplications filed by foreign national (FN) and spouse

No UCSC involvement

Timeline: ~ 75 days for travel document; 90 days for work permit (EAD); 4 mos. to interview

USCIS filing fees: $1010 for FN; $355 for petitioning spouse

Outstanding Professors/Researchers & Self-Petitioners: Timeline and FeesI-140/I-485: 12-24 months

USCIS filing fees: $475 for petition; $1010 for I-485 (with work permit & travel document

H-1B vs. PRCompare & Contrast

H-1B vs. PR

H-1BPRTemporary job offer maximum 6 years; can be extended in certain circumstancesOffer of permanent employmentVisa status tied to employer can only receive salary from UCSCOnce PR is approved FN no longer tied to UCSCCan be part-timeMust be full timeCan hold > 1 H-1B for > 1 employerMust work for UCSC for reasonable period of time once approved

H-1B vs. PR

H-1BPRNo recruitment of US workers requiredPERM requires recruitment of qualified candidates firstJob posting must be for 10 days by dept.Job opening must be forwarded to Labor Relations for forwarding to UCSC Faculty Assoc.Must be paid prevailing wageMust be paid prevailing wage