Step One: Establishing Eligiblity and Initiating CUA Sponsorship
Stages in the Process Deciding on Sponsorship Deciding Appropriate Classification Initiating the Process Step Two: Petitioning for classification Step Three: Apply to Be Immigrant
Permanent Residency at CUA is initiated through the Department and/or School for which the international employee works. The decision on whether or not to sponsor an individual for permanent residency rests solely with the individual(s) who have hiring authority for the department/School with the approval of the appropriate University Vice President.
Stages in the Employment-based Process
There are essentially three different stages in the process. The employer drives the first two while the employee is responsible for the final one:
The Eligibility Stage: During this stage the School or department works with International Studnet and Scholar Servces to establish the employee's eligiblity for a given green card classification. This means either going through the Labor Certification process or assembling the documentation needed for the classification that is exempt from that process. The Classification Stage: Petitioning U.S. Citizenship and Immigration Services for that classification. During this stage CUA formall submits a Petition for Immigrant Worker requesting USCIS to make a determination that the employee is eligible for a specific classification. The petition is supported by the documentation assembled during the first stage. The Application for Adjustment Stage: This final step of the process is the international employee's (and any dependents) personal application for immigrant status. This stage belongs to the employee, not the University.
Deciding whether or not to sponsor an individual for permanent residency
The first thing to be considered is whether or not the University has long-term plans for the individual. Individuals who have temporary or short-term affiliations with the University should not be considered for sponsored for permanent residency.
- Is the employee's performance satisfactory? Does he/she contribute to the goals of the department/School?
- Is there a reasonable expectation for continued employment for this individual (for example, tenure track, or a long-term research position where the University would continue to employ the individual, assuming funding and job-performance remained adequate)
- How easy is it to replace the individual - are there qualified U.S. workers easily available for the position?
- Would the individual's departure have a negative affect on the University?
Determine Appropriate Classification
Once the department has determined the benefit of longer-term employment, it is necessary to determine which employment based permanent residency classification is most appropriate.
Initiating the Process
International Student and Scholar Services has tried to simplify the sponsorship process as much as possible. It is recommended that an initial meeting be arranged in which the employee and the department chair/dean/appropriate supervisor meet with ISSS staff to discuss options and to develop a university strategy for pursuing permanent residency. Both the employee and the department representative should familiarize themselves with the basic classifications available. This initial meeting generally takes about an hour.
|
Green Card Classification sought
|
Process Initiated When ISSS receives: |
|
□ Alien of Extraordinary Ability □ Outstanding Professor/Researcher |
|
|
□ Alien of Exceptional Ability |
|
|
□ Advance Degree Holder in a position involving classroom teaching |
|
|
□ Advanced Degree Holder or Professional in position that does not involve classroom teaching and does not meet criteria for classifications listed above |
ISSS will not begin working on a permanent residency case until the Department portion of the appropriate request form is received. Once the form is received, ISSS will work the case and follow up with the department and the employee regarding nexty steps and documentation.
Step Two: Petitioning USCIS for green card classification
