Fall Permanent Resident Workshop
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Transcript of Fall Permanent Resident Workshop
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