The Catholic University of America

Employment-Based Permanent Residency

Employment-Based Classifications Factors determining Strategy Role of ISSS Initiation of CUA sponsorship for Permanent Residency

Employment-Based Classifications

There are five employment-based permanent residency classifications. Each has specific eligibility criteria and application procedures. The classification pursued can potentially affect the length of time it takes for the international employee to obtain permanent residency.

Preference Category & # Available each year

Classification

Require Test of U.S. labor Market?

Require Employer to Sponsor?

First Preference

40,000 green cards per year

Aliens of Extraordinary Ability

No

No

Outstanding Professors or Researchers

No

Yes

International Manager

No

Yes

Second Preference

40,000 per year

Advanced Degree Holders

Yes

Yes

National Interest Waivers

No

No

Aliens of Exceptional Ability (Schedule A Group II)

No

Yes

Third Preference

40,000 per year (10,000 for unskilled "Other Workers")

Professionals and skilled workers

Yes

Yes

Other Workers

Yes

Yes

Fourth Preference

Special Immigrants, including religious workers

No

Yes

Fifth Preference

Investors

No

No

The Dean or appropriate Department Head determines whether the University will pursue permanent residency for an employee. Additionally, the Dean or approriate department head, with the assistance if International Student and Ssholar Services, will determine which classification they are comfortable pursuing.

Factors which could affect the University's strategy for obtaining permanent residency

  • The employing department's long-term intent to employ the individual: How long does the department wish to continue to employ the individual? Does the University have a reasonable expectation that there will be sufficient funds in the future to fund the position?
  • The qualifications of the employee: for which classification does the individual qualify?
  • Whether or not the department/School has recently recruited for the position and whether or not those efforts are "stale"
  • The individual's country of citizenship and the availability of green card numbers for the classification as evidenced by the Priority Date that would be associated with the application/petition.

Role of International Student and Scholar Services

In its interactions with the U.S. government, the staff of International Student and Scholar Services represents only the University. They do not legally represent the employee.

ISSS cannot provide legal advice to the employee regarding the portion of the process that is "owned" by the employee. ISSS can only provide information about the process and forms needed. The employee will be responsible for making the decisions regarding the manner in which they seek to change their status and the timing of these applications. The employee is encouraged to consult with their own immigration attorney.

Initiating CUA sponsorship for Permanent Residency

International Student and Scholar Services will not actively work on any green card cases until the employing department has formally requested initiation of CUA sponsorship process