PERMENENT RESEDENCY WORKSHOPS UNIVERSITY OF TOLEDO Human Resources

Introduction to The Permanent Residency (Green Card) Process

Introduction to Permanent Residency (Green Card) Objectives Outline “Basic” PR Process Role of Special Counsel (AG appointed) UT Process PR Categories – MUST qualify/fit into one PR Timing and Backlogs Special Considerations

PR Process: OAG & Special Counsel For EACH new case, the Ohio AG’s Office must approve the use of Special Counsel – this can take time ONLY Special Counsel assigned by OAG can represent the University Special Counsel is paid directly by OAG and UT reimburses OAG, therefore applicant cannot pay for PERM themselves – this differs by state and Ohio does not allow

The Three “Basic” PR Steps (can take 1-3 years to complete the cycle) Phase I: ETA-9089 Labor Certification (DOL) Phase III: I-485 Application to Adjust Status (USCIS) Phase II: I-140 Immigrant Visa Petition (USCIS)

Phase I: Labor Certification Petition initiation by UT sponsor dept. Assessment and prioritization Attorney General -> Special Counsel Appt. Prevailing wage determination Application ETA 9089 Approval ETA 750

Phase I: Labor Certification MUST demonstrate that the alien was the most qualified applicant for the position via competitive recruitment report Nationally advertised in PRINT Employer must pay prevailing wage Reviewed by Federal Department of Labor (DOL) Note: this is different from the H1B prevailing wage determination

PR Process: Phase II Special Counsel reviews all materials and submits I-140 filing with USCIS, ONLY IF the case has high probably for success based on case assessment Process proceeds with legal guidance from Special Counsel This is the length part of the process

PR Process: Phase III Applicant files I-485 to adjust status to permanent resident Spouse/dependant packages submitted for filing Can be filed concurrently with I-140 provided applicant is not from country subject to backlog

Role of Special Counsel Attorney General of State of Ohio Special Counsel appointment – Mr. Oscar Budde of Perez & Morris LLC – ONLY approved special counsel NO other attorney can sign documents on behalf of the University of Toledo Case Assessment Mr. Budde will assess case and advise as to whether PR can be successfully pursued, and category UT will not pursue PR unless the case is viable as determined by Special Counsel

UT Process- PERM Sponsorship Forms to be completed by sponsoring college/department and applicant Deans Approval & Sponsorship Form PR Applicant Information Form PR Required Information & Documentation Materials Once ALL forms and documents are assembled, submit to HR for finalization HR will ship to P&M for INITIAL ASSESSMENT Mr. Budde will then provide an assessment of viability of the PR case, ONLY viable cases will be pursued

PR Categories Used at UT PR sponsorship at UT is generally limited to faculty and post doctoral research staff, general categories of sponsorship include: EB-1 Priority workers (no labor certification required) EB-2 Advanced degree holders (labor certification required except for national interest waivers)

EB-1 “Priority Workers” Two primary types of EB-1 priority workers used at UT: EB-1(a) Aliens of Extraordinary Ability “Einstein” EB-1(b) Outstanding Professors and Researchers “Internationally Recognized”

EB-1(a): Aliens of Extraordinary Ability Most selective category Does not require permanent job offer Internationally recognized expert Well established career Meet at least 3 out of 10 criteria VERY HARD TO QUALIFY

EB-1(a): Aliens of Extraordinary Ability Must satisfy at least 3 of criteria below: Receipt of a lesser nationally or internationally recognized prize for achievement in field Membership in associations in field that require “outstanding achievement” of their members Material published about applicant in major trade publications or other major media Applicant serves as a judge of others in field either individually or on a panel Original, scientific, scholarly, artistic, athletic, or business- related contributions of major significance in field Authorship of scholarly articles in field Display of work in exhibitions or showcases Performing a critical or leading role for organizations that have a distinguished reputation Commanding a high salary in field Commercial success in the performing arts

EB1(b):Outstanding Professors/Researchers Applicant must meet following requirements: At least 3 years of experience in teaching or research in the academic field Be in a permanent position Satisfy at least 2 of 6 requirements HARD TO QUALIFY

EB1(b):Outstanding Professors/Researchers Six Requirements 1.Received of major prizes or awards for outstanding achievement in the academic field 2.Member of associations in the academic field that require outstanding achievements of their members 3.Published material and professional publications written by others about applicant’s work in academic field 4.Participation as the judge of work of others in same or similar academic field 5.Original scientific or scholarly research contributions to the field 6.Authored scholarly books or articles in academic field

EB-2: Holders of Advanced Degrees Available to: Professionals with advanced degrees Persons with exceptional ability in sciences, arts or business Labor certification generally required Subject to CBA with AAUP If faculty, receives “special handling” labor certification for higher education faculty Most commonly used at UT ***Optional Special Recruitment (OSR) 17 months from date of offer letter!! OSR = 18 months – 1 month for mandatory posting

EB-2: National Interest Waivers Part of the EB-2 immigrant visa category Labor certification may be waived based on grounds of national interest Does not require permanent job offer No definition of “national interest”.... Must meet following requirements: Applicant must seek employment in an area of “substantial intrinsic merit” The proposed benefit has to be national in scope The foreign national must serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications VERY, VERY HARD TO QUALIFY (haven’t seen one yet....)

PR Timing Issues Can be filed concurrently with H1B filing For fastest/best processing filing should take place within 17 months of date of offer letter using the EB-2 “Advanced Degree” category (OSR = 18 months – 1 month) Drop-dead deadline for other PR categories – MUST file before reaching end of year five of H- 1B total time to allow sufficient assessment and filing time (this includes ALL prior H1B time) Some “expedited” services are available, however, with backlogs they are very unpredictable and no guarantees can be made

PR Backlogs EB-1 and EB-2 visa backlogs for applicants from India and China Currently substantial delays in processing PR application Current delays are unclear pending October 2007 Advisory Letter from USCIS

PR Special Considerations Process is initiated by department/employer not employee Employee is responsible for ensuring that ALL required documentation is obtained and forwarded to Special Counsel Employee is responsible for the accuracy of the information, the results of inaccurate information and educating themselves regarding the process Employee and sponsor department must utilize UT’s assigned Special Counsel (do not obtain outside counsel) For best probability of success, the process should be initiated within 17 months of date of offer under EB-2 “Advance Degree” OSR category Determination as to category under which filing most likely to succeed is made by Special Counsel – we do not take chances There is never a guarantee of sponsorship nor subsequent success either express of implied at any time to any employee or prospective employee. No hiring offers should EVER be made promising to sponsor or obtain PR status. There are simply too many variables and situations.

Travel Outside U.S. During PR Process Applicant or dependents may travel outside and reenter the U.S. provided they… Have valid I-94 stamps in their passport, and have valid H-1B or H-4 visa status (passport can expire prior to H1-B visa status) Or use I-131 “Advance Parole” documents Have no violations or are out of status If unsure, do not leave the US, may not be allowed to return

Questions?

Resources U.S. Department of State Citizenship & Immigration Services (USCIS) TN Visas s_1274.html