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Permanent Residence: Employment Based Petitions

The University will make the final determination as to whether a specific case can be sponsored by the University, in light of University policy and practice and government criteria.

        

Employment Based One, EB-1, Outstanding Professor/Researcher Category

Employment Based Two, EB-2, Advanced Degree Professional

Employment Based Three, EB-3, Professionals | Other alternatives            

Legal and Filing Fees for Permanent Residence

         

    

Employment Based One, EB-1, Outstanding Professor/Researcher Category

EB-1 is the preferred path to permanent residence by the University. To qualify for this category, the University must demonstrate that the person:

  1. is internationally recognized as outstanding in a specific academic field
  2. has at least three years of relevant teaching or research experience
  3. holds a tenure-track appointment or a permanent research position

A permanent research position has no fixed term and in which the University will ordinarily have an expectation of continued employment unless there is a good cause for termination. The benefits to this designation is that the University is not required to apply for the permanent labor certification on behalf of the international faculty/researcher prior to filing, and in certain instances it will allow for an expedited path to permanent residence. However, the level of scrutiny and review provided to these petitions is steadily increasing and the person must be able to provide copious and convincing evidence that he/she is truly internationally recognized in a specific field.  Such evidence may include the following:

  1. Documentation of International recognition as outstanding in a specific academic field
  2. Documentation of receipt of major international prizes or awards for outstanding achievement in the academic field
  3. Evidence of original scientific or scholarly research contributions to the academic field
  4. Evidence of authorship of scholarly books or articles in scholarly journals with international circulation
  5. Evidence of participation, on a panel or individually, as the judge of the work of others in the same or allied academic field
  6. Evidence of published material in professional publications written by others about the person’s work in the academic field
  7. Evidence of the person’s membership in associations in the academic field which require outstanding achievements of their members

 

Employment Based Two, EB-2, Advanced Degree Professional

To qualify for this category, the job the person applies for must require an advanced degree and the person holding the position must possess such a degree. Along with the requirement that the person must demonstrate that he/she holds such a degree, a prerequisite for this petition is the filing by the University of a Permanent Labor Certification with the US Department of Labor. Depending upon the position, the advertisement for the position and the search and selection process must meet certain standards in order for the application to be approved by the Department of Labor. Labor Certification legal fees must be paid by the hiring department per US Department of Labor regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester. Please note that there are several years delay in the issuing of immigrant visas for the EB-2 category for people from China and India.

                

Employment Based Three, EB-3, Professionals

To qualify for this category, the person must be able to demonstrate that the position requires at least a U.S. bachelor’s degree or a foreign equivalent and are a member of the professions. Along with the requirement that the person must demonstrate that he/she holds such a degree, a prerequisite for this petition is the filing by the University of a Permanent Labor Certification with the US Department of Labor. Depending upon the position, the advertisement for the position and the search and selection process must meet certain standards in order for the application to be approved by the Department of Labor. Labor Certification legal fees must be paid by the hiring department per US Department of Labor regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester. The University does not sponsor position that only requires a bachelor’s degree. Please note that there are several years delay in the issuing of immigrant visas for the EB-3 category for people from China and India. 

                      

Other alternatives

Immigration law is ever-expanding, and depending upon the person’s unique situation, there may be other options available. Every case is different and each person brings with them a unique set of facts that must be considered when choosing a path toward permanent residency options. 

                                       

Legal and Filing Fees for Permanent Residence

The legal and filing fees for the I-140 Immigrant Petition and the filing fee of $580 may be paid for by the hiring department. All filing fees are paid to the Department of Homeland Security when the petitions are submitted. The I-485 Adjustment to Permanent Residence filing fee of $1,070 should be paid for by the international employee and not by the hiring department. The I-140 Immigrant Petition can be premium processed for $1,225. The hiring department or foreign national employee can pay this fee. Department should consult with ISO to determine if premium processing is necessary and or recommended for the I-140 petition. Labor Certification legal fees must be paid by the hiring department per US Department of Labor regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester. Filing fees are subject to increases by the government.