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U.S. Permanent Residence Overview

U.S. Permanent Residence Overview. Presented by Jan Keiser Immigration Compliance Specialist International Programs – Global Services Department (IP-GS) For the Campus Hiring Units March 27, 2013. Disclaimer.

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U.S. Permanent Residence Overview

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  1. U.S. Permanent Residence Overview Presented by Jan Keiser Immigration Compliance Specialist International Programs – Global Services Department (IP-GS) For the Campus Hiring Units March 27, 2013

  2. Disclaimer • 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.

  3. U.S. Permanent Resident • PR/LPR/Green Card holder • Non 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.

  4. Green Card/Permanent Resident Card

  5. Ways to Get PR • Family based • Diversity lottery • Investors • Asylum/Refugees • Employment based

  6. Employment-Based Preferences • EB-1 • EB-1a/EB-11 Extraordinary Ability • E-1b/EB-12 Outstanding Professor or Researcher • EB-2 • EB-21 Advanced degree holders • College teachers, Special Handling LC procedures • Others, standard LC procedures • EB-22 Exceptional ability in the sciences, arts and business • EB-3 Professionals • EB-4 Certain special immigrants • EB-5 Investors

  7. WSU PR Sponsorship Policy (1) • Only employment - based, employer - sponsored PR • Position must be permanent, full-time • EB-2 teaching faculty has priority in processing • EB-1b Outstanding Researcher • Others, case by case • Cannot 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-docs • Generally civil service or AP positions • Student employee positions, e.g. graduate student assistants • Do not sponsor PR for others not based on employment at WSU

  8. WSU PR Sponsorship Policy (2) EB-2 Teaching Faculty • Tenure-track/tenured permanent full-time position • Job title: Assistant/Associate/Full Professor • Has priority in processing EB-1 Outstanding Researcher • Permanent research position • Job title: Assistant/Associate/Full Research Professor • In H-1B status with WSU for at least 2 years or • In H-1B status with any US employers for at least 3 years • Approved by the Office of Vice President of Research

  9. EB-2 College/University Teachers • Complete competitive full-swing bona fide recruitment steps for an open position. • File Labor Certification (LC) application utilizing special handling procedures. • File I-140, Immigration Petition for Alien Worker after LC is certified by DOL. • File I-485, Application to Register Permanent Residence or Adjust Status to obtain the actual green card. • After receiving the actual green card, the beneficiary must update IP-GS, hiring unit, HRS and other appropriate agencies.

  10. EB Job Advertisement • 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: • Name of the employer, job location • Job title, nature of the job (permanent full-time) • Job duties, TEACHING, actual classroom teaching • Requirements, preferred? • Method to contact the employer, how to apply • EEO • Job advertisement plan: national search

  11. EB Recruitment Documents Retention • 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 report • Statement of qualifications of the selected foreign national candidate • Part of the pre-filling requirements to file LC • LC audit

  12. Interviewing Questions Related to Employment Eligibility • 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

  13. The employer may ask these questions, but must ask all candidates • 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.

  14. Notes for the Employer • 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.

  15. I-9 Lists of Acceptable DocumentsAll documents must be UNEXPIRED

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

  17. I-9 List C Documents that Establish Employment Authorization

  18. Things to Consider in the Hiring Process • 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.

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

  20. EB-2 Costs • IP service fee $1500, paid by the hiring unit • LC filing: no cost • I-140 fee $580, paid by the hiring unit • Optional: $1225 premium processing fee. • I-485 filing fee: $1070 for each applicant (personal petition, not employer petition), paid by the foreign national applicant.

  21. EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (1) • Develop job advertisement contents and ad plan. • IP-GS reviews to ensure to meet DOL requirements for LC filing purpose. • If a foreign national is selected, contact IP-GS to start the H-1 process. • 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. • H-1B petition approved, H-1B employee attends new H-1B orientation conducted by IP-GS. • IP-GS contacts the hiring unit to start the PR process.

  22. EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (2) • Hiring unit sends copies of the job ads to ICS. • ICS files PWD with NPWC, DOL processing time may be up to 3 months. • Hiring unit prepares and sends final recruitment reports and statement of qualifications of the selected foreign national to ICS. • ICS sends LC filing posting notice to the hiring unit with instructions.

  23. EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (3) • 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. • DOL processes unaudited LC in 4 – 6 months. • DOL processes audited LC one year or more. • DOL audit rate: 30% - 45%, random or target, unpredictable.

  24. EB-2 Teaching Faculty PR Sponsorship Steps and Timeline (4) - I-140 Filing • 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, or • If eligible, file it after receiving I-140 receipt notice, or • If eligible, file it after receiving I-140 approval notice. • H-4 family dependent filing I-140 with H-1B employee.

  25. EB-2 Retrogression (1) • 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.

  26. EB-2 Retrogression (2) • U.S. Dept. of State maintains “Visa Bulletin” to inform the public the immigration visa number availability. • EB April 2013 Visa Bulletin

  27. EB-2 I-485 Filing • 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.

  28. After Green Card is Received • 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.

  29. Green Card Holder • 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.

  30. EB-1b Outstanding Researcher • 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.

  31. WSU PR Sponsorship Policy – EB-1b Outstanding Researcher • WSU PR sponsorship policy • Permanent full-time research position • In H-1B status sponsored by WSU for two years • In H-1B status for three years in the U.S. for any U.S. employers • Recommend by IP-GS and approved by the Vice President of Research • Teaching faculty EB-2 has priority in processing • USCIS eligibility criteria • Permanent full-time, tenured/tenure-track • At least 3 years experience in research or teaching in the academic field • Recognized internationally as outstanding in the particular academic field

  32. EB-1b Outstanding Researcher • Documentation of at least two listed below: • Evidence of receipt of major prizes or awards for outstanding achievement.  • Evidence of membership in associations that require their members to demonstrate outstanding achievement. • Evidence of published material in professional publications written by others about the alien's work in the academic field. • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field. • Evidence of original scientific or scholarly research contributions in the field. • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

  33. EB Self-Petition • 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.

  34. Other Considerations 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 • Retention • Commitment for both the employer and the foreign national employee • Timing: up to two years or longer • Costs: application fees • Changing jobs when LC, I-140, I-485 pending • Changing jobs after green card is obtained

  35. Question and Answers

  36. This has been a WSU Training Videoconference 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

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