Presented by Jan KeiserImmigration Compliance Specialist

International Programs – Global Services Department (IP-GS)For the Campus Hiring Units

March 27, 2013

U.S. Permanent Residence Overview

3/27/20131

Disclaimer

3/27/20132

Information presented here is not final or conclusive as they are subject to change any time.

Updates and feedbacks are constantly incorporated. Consult with appropriate personnel related to a

specific situation for a specific individual.

U.S. Permanent Resident

3/27/20133

PR/LPR/Green Card holderNon U.S. citizen, entitled to live and work in the U.S.

permanently for any job and live anywhere in the U.S. except those that require U.S. citizenship.

Evidenced by a “green card.”Issued for ten years, renewable.Naturalization after having continuously resided in the

U.S. for five consecutive years.Naturalization after having been continuously resided in

the U.S. for 3 consecutive year for those married for at least 3 years to a U.S. citizen.

Green Card/Permanent Resident Card

3/27/20134

Ways to Get PR

3/27/20135

Family basedDiversity lotteryInvestorsAsylum/RefugeesEmployment based

Employment-Based Preferences

3/27/20136

EB-1EB-1a/EB-11 Extraordinary AbilityE-1b/EB-12 Outstanding Professor or Researcher

EB-2EB-21 Advanced degree holders

College teachers, Special Handling LC proceduresOthers, standard LC procedures

EB-22 Exceptional ability in the sciences, arts and businessEB-3 ProfessionalsEB-4 Certain special immigrantsEB-5 Investors

WSU PR Sponsorship Policy (1)

3/27/20137

Only employment - based, employer - sponsored PRPosition must be permanent, full-timeEB-2 teaching faculty has priority in processingEB-1b Outstanding ResearcherOthers, case by caseCannot use a private outside attorney for EB categories to petition

on behalf of WSU. Do not sponsor PR for the following positions including but not

limited to: Temporary positions, e.g. post-docsGenerally civil service or AP positionsStudent employee positions, e.g. graduate student assistants

Do not sponsor PR for others not based on employment at WSU

WSU PR Sponsorship Policy (2)

3/27/20138

EB-2 Teaching FacultyTenure-track/tenured permanent full-time positionJob title: Assistant/Associate/Full ProfessorHas priority in processingEB-1 Outstanding ResearcherPermanent research positionJob title: Assistant/Associate/Full Research ProfessorIn H-1B status with WSU for at least 2 years orIn H-1B status with any US employers for at least 3 yearsApproved by the Office of Vice President of Research

EB-2 College/University Teachers

3/27/20139

1. Complete competitive full-swing bona fide recruitment steps for an open position.

2. File Labor Certification (LC) application utilizing special handling procedures.

3. File I-140, Immigration Petition for Alien Worker after LC is certified by DOL.

4. File I-485, Application to Register Permanent Residence or Adjust Status to obtain the actual green card.

5. After receiving the actual green card, the beneficiary must update IP-GS, hiring unit, HRS and other appropriate agencies.

EB Job Advertisement

3/27/201310

Purpose: to test the job market to protect U.S. workers, not to help a U.S. employer to find a specific type of employee like a regular search.

Job advertisement contents:1. Name of the employer, job location2. Job title, nature of the job (permanent full-time)3. Job duties, TEACHING, actual classroom teaching4. Requirements, preferred?5. Method to contact the employer, how to apply6. EEO

Job advertisement plan: national search

EB Recruitment Documents Retention

3/27/201311

Placed in a national academic journal, either in print or web-based

Tear-sheets of job ad, when-duration, and where (national academic journal)

Final recruitment reportStatement of qualifications of the selected foreign

national candidatePart of the pre-filling requirements to file LCLC audit

Interviewing Questions Related to Employment Eligibility

3/27/201312

The Immigration Reform and Control Act of 1986 (IRCA) protects two (2) types of employment discrimination: Citizenship status (M-274 “U.S. citizens, recent permanent

residents, temporary residents under the IRCA legalization program, asylees and refugees are protected.” )

National origin (M-274: “An employee’s national origin relates to the employee’s place of birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that he or she looks or sounds “foreign.” All U.S. citizens and employment–authorized individuals are protected from national origin discrimination.” )

M-274 Handbook for Employers, USCIS

The employer may ask these questions, but must ask all candidates

3/27/201313

Are you authorized to work indefinitely in the U.S. for any employer?

Will you now or in the future need a work visa sponsorship from us if you are offered this position?

If a candidate indicates that they will need a visa sponsorship to be an employee at the university, please contact IP-GS prior to making a formal offer of employment.

Notes for the Employer

3/27/201314

The employer should not ask for copies of any specific documentation; to do so is a violation of the Immigration Reform and Control Act of 1986 (IRCA).

Employees may complete Section 1 of Form I-9 at any time between acceptance of a job offer and the first day of employment. Documentation showing identity and employment authorization must be provided by the employee within 3 business days of their effective date of employment.

Self-disclosure regarding visa status or visa-related sponsorship requirements by a prospective foreign national employee is allowable.

I-9 Lists of Acceptable DocumentsAll documents must be UNEXPIRED

3/27/201315

I-9 List A Documents that Establish Both Identity and Employment Authorization

3/27/201316

I-9 List C Documents that Establish Employment Authorization

3/27/201317

Things to Consider in the Hiring Process

3/27/201318

No federal regulations require a US employer to sponsor PR for anyone; it is at a US employer’s discretion.

Is the selected foreign national residing outside or in the U.S. now? If residing in the U.S. now, how his/her current immigration status is related to the

offered position. J-1/J-2, TN cannot hold permanent tenure-track position. J-1/J-2 with ACTIVE two (2) home country residence requirement is not

eligible for: Change of status to H-1B or PR in the U.S., or Applying for an H-1B visa or immigrant visa at a US embassy or consulate

abroad. H-1B is limited to a total of six (6) years in the U.S. working for any U.S.

employers. Do not make any promise of PR sponsorship if being asked by a foreign national

candidate, they may or may not be eligible subject to federal regulations, institutional policies and individual situations.

EB-2 Teaching Faculty SHLC – Before Filing Labor Certification (LC)

3/27/201319

A more qualified foreign national candidate is selected.IP-GS petitions H-1B.Must obtain PWD from national prevailing wage center,

long time to be processed by DOL.LC filing notice to be posted for 10 consecutive business

days. Must file LC between 30 to 180 days after the LC filing

notice period is completed. Must file LC within 18 months from the job offer

letter/selection date.

EB-2 Costs

3/27/201320

IP service fee $1500, paid by the hiring unitLC filing: no costI-140 fee $580, paid by the hiring unitOptional: $1225 premium processing fee.I-485 filing fee: $1070 for each applicant (personal

petition, not employer petition), paid by the foreign national applicant.

EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (1)

3/27/201321

1. Develop job advertisement contents and ad plan.2. IP-GS reviews to ensure to meet DOL requirements for

LC filing purpose.3. If a foreign national is selected, contact IP-GS to start

the H-1 process.4. If the selected foreign national is eligible for H-1B

status, IP-GS files H-1B petition working closely with the team members: the hiring unit, H-1B beneficiary, etc.

5. H-1B petition approved, H-1B employee attends new H-1B orientation conducted by IP-GS.

6. IP-GS contacts the hiring unit to start the PR process.

EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (2)

3/27/201322

1. Hiring unit sends copies of the job ads to ICS.2. ICS files PWD with NPWC, DOL processing time may be

up to 3 months.3. Hiring unit prepares and sends final recruitment

reports and statement of qualifications of the selected foreign national to ICS.

4. ICS sends LC filing posting notice to the hiring unit with instructions.

EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (3)

3/27/201323

1. After the LC posting period is completed and sent to ICS, ICS will file SHLC with DOL. Can only file LC between 30 to 180 days after LC posting period is completed, and must be within the 18 months window from the selection date.

2. DOL processes unaudited LC in 4 – 6 months.3. DOL processes audited LC one year or more.4. DOL audit rate: 30% - 45%, random or target,

unpredictable.

EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (4) - I-140 Filing

3/27/201324

After LC is certified by DOL, ICS will file I-140 working closely with the hiring unit and the H-1B employee.

USCIS processes I-140 in 6 months or more.Optional: I-140 premium processing is available with

additional $1225 fee. If eligible, H-1B employee has the option to file

I-485/I-765/I-131 concurrently with I-140 filing, orIf eligible, file it after receiving I-140 receipt notice, orIf eligible, file it after receiving I-140 approval notice. H-4 family dependent filing I-140 with H-1B employee.

EB-2 Retrogression (1)

3/27/201325

Currently only for individuals born in India and China.Why is there a retrogression/backlog?

Allotted 28.6% to each preference category (EB-1, EB-2, and EB-3)

No natives from a certain county can be over 7% of that particular preference category.

When demand is more than supply, a waiting list develops. Cut-off/priority date

The date that LC or I-140 is filed.Can only file I-485 when a immigration visa number is

available.

EB-2 Retrogression (2)

3/27/201326

U.S. Dept. of State maintains “Visa Bulletin” to inform the public the immigration visa number availability.

EB April 2013 Visa Bulletin

EB-2 I-485 Filing

3/27/201327

Personal petition, not employer’s petition.ICS gives the H-1B employee I-485 instructions when

preparing for his/her I-140 filing.H-1B employee can file it himself/herself, or Hiring an immigration attorney to file it on his/her

behalf.

After Green Card is Received

3/27/201328

The beneficiary must send a copy of the green card to IP-GS, the hiring unit and HRS to update his/her immigration status record.

IP-GS must withdraw LCA with DOL.IP-GS must withdraw H-1B approval with USCIS.If not withdrawing LCA and H-1B, the employer is

liable for payment of the required wages during the validation period in certified LCA and approved H-1B.

Green Card Holder

3/27/201329

To maintain PR status, must reside in the U.S. for at least 6 months each year.

More information: International Travel as a Permanent Resident

Can live and work anywhere in the U.S. Not eligible for rights or jobs reserved for U.S. citizens. Eligible for naturalization of having been continuously

residing in the U.S. for 5 consecutive years.

EB-1b Outstanding Researcher

3/27/201330

No LC is needed - no recruitment is needed. If meeting eligibility criteria, file I-140 with USCIS.File I-485 to obtain the actual green card. Attractive to EB-2 backlogged beneficiary - faster

track; however, must meet eligibility criteria.

WSU PR Sponsorship Policy – EB-1b Outstanding Researcher

3/27/201331

WSU PR sponsorship policyPermanent full-time research positionIn H-1B status sponsored by WSU for two yearsIn H-1B status for three years in the U.S. for any U.S. employersRecommend by IP-GS and approved by the Vice President of

ResearchTeaching faculty EB-2 has priority in processing

USCIS eligibility criteria1. Permanent full-time, tenured/tenure-track2. At least 3 years experience in research or teaching in the

academic field3. Recognized internationally as outstanding in the particular

academic field

EB-1b Outstanding Researcher

3/27/201332

Documentation of at least two listed below:1. Evidence of receipt of major prizes or awards for outstanding

achievement. 2. Evidence of membership in associations that require their

members to demonstrate outstanding achievement.3. Evidence of published material in professional publications

written by others about the alien's work in the academic field.4. Evidence of participation, either on a panel or individually, as a

judge of the work of others in the same or allied academic field.5. Evidence of original scientific or scholarly research

contributions in the field.6. Evidence of authorship of scholarly books or articles (in

scholarly journals with international circulation) in the field.

EB Self-Petition

3/27/201333

EB-2 National Interest Waiver EB-1 Extraordinary Ability No job offer needed No LC needed Notify IP-GS if filing self-petitioned PR: possible 7th year

H-1B extension – if I-140 has been pending or approved for 365 days or more. (EB-2 backlogged individuals, or I-485 pending individuals)

To benefit 7th year H-1B ext., recommended to file LC or I-140 two years before reaching the 6 years limit.

Other Considerations

3/27/201334

No federal regulations require a US employer to sponsor PR for anyone; it is entirely at a US employer’s discretion.

Challenges: employer’s need vs. government policies to protect US workers

RetentionCommitment for both the employer and the foreign

national employeeTiming: up to two years or longerCosts: application fees

Changing jobs when LC, I-140, I-485 pendingChanging jobs after green card is obtained

Question and Answers

3/27/201335

If you wish to have your attendance documented in your training history,

please notify Human Resource Services within three days of today's date:

hrstraining@wsu.edu

This has been a WSU Training

Videoconference