Permanent Residency

Eligibility (By Non-Immigrant Status)

• H-1B Scholars: H-1B visa holders have dual intent and can be sponsored for permanent residency. It is an ideal status that nicely transitions a foreign national's status from that of a non-immigrant to an immigrant (permanent resident).
• O-1 Scholars: Emory sponsors O-1 scholars for permanent residency, but if a scholar wants to file under the "EB-1A Extraordinary Ability" category, the scholar will need to hire an outside attorney.
• J-1 and TN Scholars: Cannot be sponsored for permanent residency.

Employment Criteria for Emory Sponsorship

• The position must be full-time and permanent (not time-limited or based solely on grant funding).
• The university must intend to employ the scholar indefinitely.
• Types of Positions:
  • Emory sponsors teaching and research faculty positions.
  • Emory normally does not sponsor staff positions.
    • Exceptions may be possible if:
      • The hiring school/division can attest in writing that the position is permanent and indefinite in nature.
        • It is not about a specific employee but about the position itself.
      • The hiring unit is willing to pay for all associated expenses.
        • The US Government considers immigration sponsorship expenses as part of the employer’s business expenses (i.e. the hiring department's recruitment and retention costs).
      • Contact ISSS for the content needed in the exception memo.

Applications Emory Does Not Sponsor for PR

• Emory does not sponsor postdocs because these positions do not meet DHS/DOL standards for permanent positions.
  • Therefore, ISSS cannot prepare or sign permanent residency petitions for postdoctoral fellows.
  • See "Alternatives to Emory Sponsorship" below for other options.
• ISSS typically does not file petitions for positions that require only a bachelor's degree, because Emory must demonstrate to the Department of Labor (DOL) that there are no US workers that meet the minimum requirements for the position.

Emory files petitions for permanent residency in three categories:

1. EB-1 Outstanding Professor or Researcher
   •  Limited to those who have risen to the very top of their field. 
   • The scholar must be internationally recognized as a leader in the field, and must be able to prove this through awards, publications, and letters from other experts in the field. 
   • Does not require a labor certification.
      
2. EB-2 Special Handling for College and University Teachers
   • Specific to those who will be teaching courses at the college/university level. 
   • Requires a labor certification, but there are fewer requirements than a standard EB-2.
      
3. EB-2 Standard Filing
   • For individuals who will not be teaching courses and who do not qualify for the EB-1 category. 
   • Requires a labor certification, and the recruitment process is complex and time-consuming. 

Procedure

• Department or School indicates their intention to sponsor a qualifying employee for permanent residency. 
• The department administrator emails a completed Request for Permanent Residency (PR) Sponsorship to ISSS (isss@emory.edu) 
• After receiving the request, ISSS will:
  • Determine if the request is in accordance with Emory University policy for PR sponsorship.
  • Contact the designated immigration law firm to set up a meeting (by conference call or in person) to start the process.
• Depending on the category (EB-1, EB-2, etc.), additional steps may include the following:
  • Recruitment according to Department of Labor (DOL) guidelines
  • Filing labor certification with the DOL
  • Filing Form I-140 with USCIS, and 
  • Filing Form I-485 for the adjustment of status.
    • The final step of permanent residency. 
    • If the PR is sponsored by Emory, the scholar will typically use the law firm retained by Emory ISSS to file the I-485. 

Timeline

• The process may begin as soon as possible after the scholar is hired.
• For scholars currently in H-1B status: 
  • Due to potential government processing delays, the permanent residency application process should begin no later than Year 3.5 of their 6-year H-1B period.
  • Considering DOL steps involved, for EB-2 PERM Labor Certification cases, the process should begin even earlier than Year 3 of the scholar's H-1B period.
  • When in doubt, start the process as early as possible so that the H-1B employment may be extended beyond six years while permanent residency is pending.

Fees

• The hiring department will be responsible to pay for associated fees and expenses with the exception of the I-485 filing and legal fees (to be paid by the scholar).
• The associated fees depend on the category that the scholar is qualified for (EB-1, EB-2, etc.) 
• For a list of attorney services and their associated fees, see ISSS' Law Firm Service Types and Legal Fees page. 

Applying for permanent residency won't affect an H-1B employee's ability to travel, apply for an H-1B visa stamp, or return to the US in H-1B status while their permanent residency application is pending.

For employees in other statuses, there are potential risks involved in traveling abroad while a permanent residency application is pending. They should talk to their ISSS advisor before making any travel arrangements.

Any PR application based on an employment offer by Emory must be reviewed and signed by ISSS and ISSS has exclusive authorization to file permanent residency petitions on behalf of Emory University. 

Outside attorneys are not authorized to file employment-based permanent residency petitions on Emory's behalf except in extraordinary circumstances. If an outside attorney is used without the prior knowledge and consent of ISSS, the petition will be withdrawn immediately, even if you have already paid filing fees or attorney's fees.

ISSS and the Office of General Counsel will determine whether a particular case warrants use of an outside attorney. Unusual or extraordinary circumstances typically mean either a complex case requiring an unusual amount of time to prepare or a case requiring expedited handling.

For certain petition categories, a scholar does not need employer sponsorship. Non-immigrants can "self-petition" based on their qualifications and accomplishments if they can establish the following:

• they have made significant contributions to their field
• are easily employed in their field, or 
• their contributions to their field benefit the United States.

If an international scholar plans to petition in a category that does not require a full-time job offer, ISSS recommends that they contact an attorney who is board certified in immigration and nationality law.