Instructions for Application to Replace a Permanent Residence
Permanent Residence Workshop
Transcript of Permanent Residence Workshop
WELCOME! Permanent
Residence: An ISSS
WorkshopOctober 15, 2008
Introducing the “A Team”
Anne L. Butler, ISSS Director
Anna L. Stuart, ISSS Administrative Coordinator
Ann L. Lipson, Attorney at Law
Agenda PR Overview and Pathways UCSC Visa Policy and the
exception process How to initiate PR petitions Working with ISSS and outside
immigration counsel Review of new UCSC PR Forms Case studies Q&A
Learning Objectives
Understand 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 visa Immigrant = Green card = Resident
Alien = Lawful Permanent Residence
Requires offer of permanent employment Reasonable expectation of indefinite
employment for professors Reasonable expectation of
guaranteed funding for at least three years for researchers
Employment must be full-time
Definition: Non-immigrant Visa
Temporary; for work purposes
Tied to specific employer – FT/PT
Alphabet Soup H-1B (dual-intent) O-1A (dual-intent) TN E-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 planning Spouse & children may work Resident tuition for children Eligible for own federal grant funding Dependents don’t “time-out” of
derivative visa status at the age of 21 Eligible for mortgage and other personal
financial opportunities Ease of travel – including business travel Freedom to work elsewhere
Government Agencies & PR
Dept 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
Status Family 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 PR Position must be
“permanent” – indefinite or unlimited duration
Position must be full-time
Position must require professional-level credentials
UCSC Visa Policy
UCSC Visa Policy
Academic Personnel Policy Campus Academic Personnel
Manual (CAPM)
Input from ISSS Must meet USCIS
requirements Must minimize chance of:
DOL audit Employment lawsuits
UCSC Visa Policy UCSC 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-time funding is guaranteed for minimum of 3
years; recruitment has occurred within 6
months Scientist Series – UARC only by pre-
approved exception
Exceptions to UCSC Visa Policy
Requires approval by ISSS Director Review for legal “bright line”: must
meet all USCIS requirements Advise AVC on risk that exception may
pose
Requires approval by AVC Academic Personnel and EVC Determine if exception is required to
support academic mission Determine if risk is acceptable
Exceptions to UCSC Visa Policy
An 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 & Researchers
Presented by Ann L. Lipson
6 Possible Pathways to PR Status
for UCSC Faculty & Researchers1. PERM
2. Outstanding Professor3. Outstanding Researcher (or
Researcher with Exception)4. Self-petitioning “Alien of Extraordinary
Ability”5. Self-petitioning “Alien whose work is in
the National Interest”6. Marriage to US citizen
Pathway 1: PR for Classroom Professors
Via PERM PERM
Program Electronic Review Management system
Labor Certification application
PERM/Special Handling College/University Teachers
only
Mandatory PERM Requirements Professor 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 Requirements
Candidate 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 Dossier
Copy 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 Documentation
Signed recruitment report from hiring authority, supported by the following: Recruitment results, part A, B and C Copies of all ads Statement attesting to professor’s
credentials Copies of academic credentials and
letters of reference
UCSC retains for 5 years
PERM Process Step 1: PERM
UCSC files PERM application on-line with DOL
Based on prior recruitment
Step 2: I-140 UCSC files petition with USCIS to classify FN
in employment-based 2nd preference category
File concurrently if visa available
Step 3: I-485 FN & dependents file green card application
in U.S. Normally file concurrently with I-140 if visa
available Can apply for PR at US consulate overseas
UCSC PERM Timeline:
Special Handling Conduct 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 &
Fees PERM DOL: 3-6 months, assuming no audit.
Add on three months if audited USCIS: I-140 alone: 9-12 months USCIS: I-485 green card application
alone: 6-12 months USCIS: I-140/I-485 together: 12-24
months
USCIS filing fees $0 for PERM $475 for I-140 for step 2 $1010 for the FN’s I-485 green card
application (includes work permit and travel doc)
Pathway 2: PR for Outstanding Professor
Step 1: I-140 UCSC prepares and files petition with USCIS
showing: Professor is internationally recognized as
outstanding in his/her academic field Has at least 3 years of prior research/teaching
experience Can submit at least two out of eight possible types
of evidence – see handout for list of evidence Requires at least six to eight letters of
endorsement from scholars/researchers in the field
Step 2: I-485 FN and dependents file green card application Normally 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 Researchers
Must demonstrate they are “aliens of exceptional ability in the arts, sciences, business, or education”;
OR Must 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 Citizen
Applications 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 Fees
I-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. PRH-1B PR
Temporary job offer – maximum 6 years; can be extended in certain circumstances
Offer of permanent employment
Visa status tied to employer – can only receive salary from UCSC
Once PR is approved FN no longer tied to UCSC
Can be part-time Must be full timeCan hold > 1 H-1B for > 1 employer
Must work for UCSC for “reasonable period of time” once approved
H-1B PRNo recruitment of US workers required
PERM requires recruitment of qualified candidates first
Job 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 wage
Must be paid prevailing wage
H-1B vs. PR
H-1B PROnly requires a Bachelor’s degree
Requires Master’s or higher; FN must be more qualified than all US candidates (PERM) or be internationally recognized & have 3 yrs prior teaching/research experience
Requires H-1B visa in passport to enter US from abroad
No visa required; entry with green card and foreign passport
H-1B vs. PR
H-1B vs. PRH-1B PR
No direct pathway to citizenship
Can apply for US citizenship after 5 yrs & if certain residence requirements are met
Does not require medical exam or FBI background check
Requires medical exam & background check
Strategic Maintenance of H-1B
During PR Process UCSC applies for PR status during foreign
national’s H-1B status
FN should maintain H-1B status during the PR process as a back-up position in case the PR case is denied for whatever reason (including USCIS errors).
FN and UCSC should apply for H-1B extensions in plenty of time to avoid delays.
During PR process once FN applies for green card, FN also applies for employment authorization (EAD) and international travel document (Advance Parole).
EAD and Advance Parole
I-140/I-485: 12-24 months Employment Authorization
Document (EAD) Allows FN to work for UCSC and for
other employers during the PR process Normally given for one year at a time Fee is included in green card
application
Advance Parole (AP) Allows FN to come back into US from
overseas trip without visa Fee is also included in green card
application
Work/Travel on H-1B or EAD/AP
If FN enters on AP, he/she must work on EAD
If FN enters on H-1B visa he/she would continue working in H-1B status
ISSS preference: FN should try to stay in H-1B status and use the EAD and AP as a back-up in case the FN does not have time to obtain new H-1B visa overseas or if FN wants to accept payment from consulting assignments from employer other than UCSC
Maintenance of PR Status Re-entry from int’l trip of 6 months
or less: Valid unexpired green card and valid
unexpired passport Trip must be temporary and intent is
to remain lawful PR
Trips of 6 months to 1 year FN should consult with ISSS or
immigration counsel to find out what evidence to present upon re-entry
Trips of 1-2 to two years Must first obtain re-entry permit prior
to departure
Naturalization as US citizen Recommended for most PRs – no
UCSC involvement in application
FN usually can retain dual citizenship
Must wait 5 years after becoming PR (3 if based on marriage)
Must satisfy residence and physical presence requirements
Trips overseas longer then 180 days may create continuity of residence issues
Must demonstrate good moral character
Must pass English and Civics test
Timeline: Approximately one year from application to swearing in
USCIS Filing Fees: $595 plus $80 biometric fee
Naturalization as US citizen
Process Key Points to Remember
“How to” Overview
Workshop Materials Review
Presented By Anna L. Stuart
Key Points to Remember
Call ISSS
Responsibility for Costs = Department
Deadline
How to Initiate a PR
Contact ISSS
Eligibility
Initiating Outside Counsel:
ISSS Form OC01 Mandatory Initial Consultation Meeting
Purpose: to discuss & determine most appropriate PR Pathway with Outside Counsel
Minimum Attendees: Outside Counsel, ISSS, Employee/Scholar, Dept &/or Div Rep
ISSS Form OC01: Initiate Outside Counsel
ISSS as liaison for Outside Counsel
Continued Representation by Outside Counsel
ISSS Form OC02: Continuity of Outside Counsel FOAPAL provided to cover basic
attorney fees specific to PR Pathway Dept acknowledgement of
responsibility for all associated costs Dependents - responsibility of
Employee Cannot pass costs associated with
PERM filing back to Employee If a UCSC FOAPAL is used =
“UCSC-sponsored PR’
Workshop Materials Overview Pathway 1: PERM
Sample Department Checklist (Dossier) EDD Prevailing Wage Request DOL ETA 9089
Pathways 1-5: USCIS I-140 Form
Charts Comparison of PR Pathways H-1B vs PR PR Process Flow Visa Costs Comparison
Test What’s the most important thing to remember after today?
If in doubt, contact ISSS: Anne Butler @ 9-4214 Anna L. Stuart @ 9-5269 ISSS Mainline @ 9-3550
Stretch Break!
Case Studies
Q & A
Thank you for coming!