EB-2 & EB-3 - PERMANENT RESIDENCY APPLICATION PROCESSING STEPS
Step One – Department Initiates Support
The department must first initiate its support for permanent residency by filing a letter of support with the Slutzker Center. In order to qualify for permanent residency sponsorship, the international employee must hold a tenured or tenure-track teaching or comparable permanent research/staff position at the University.
After the department initiates its sponsorship of PR, a meeting between the Slutzker Center, the international employee, and the department will be set. During this meeting, the Slutzker Center will look at all options for filing the Permanent Residency. The Slutzker Center must decide whether labor certification is required or if the Permanent Residency application can be filed in the Outstanding Professor/Researcher category which is exempt from labor certification. Besides establishing which type of filing of Permanent Residency will be done, the meeting is important to go over the requirements and necessary documentation with both the department and the international applicant.
Step Two – Labor Certification Process
Once it is determined that the best option for sponsorship is with the EB-2 or EB-3 categories, The Slutzker Center and the department will develop a recruitment plan.
The department develops the job description and runs a competitive recruitment and hiring process to select and hire a candidate, and the department compiles the required documentation of compliance with the DOL’s hiring provisions, including posting public notices of intent to file and salary. Once the department submits a complete packet of documentation, SCIS will complete form ETA 9089 for labor certification.
There are two separate processes for Labor Certification, which are detailed below. The Special Handling Process is an option for any employee whose position requires classroom teaching. Otherwise, the regular Basic Labor Certification process must be used for any other professional position.
A. Special Handling Process for Teaching Positions
The Special Handling Process for Labor Certification is a great option for a Department which wishes to support any international teaching faculty or instructors for Permanent Residency. The process requires much less work and documentation than the standard Labor Certification Process.
If experience is required for the position, the international applicant must have had that experience before being hired by Syracuse University. Experience gained while working for the Syracuse University cannot be used to satisfy minimum experience requirements unless that experience was gained in a substantially different position.
Basic Requirements – To be eligible for Special Handling processing, the job position and job search must meet the following requirements set by the U.S. Department of Labor:
B. Basic Labor Certification Process: for Non-Teaching Professional Positions
The Regular Labor Certification Process for Labor Certification is the only option for a Department which wishes to support Permanent Residency for any international staff member or researcher who does not qualify for the EB-1 Outstanding Professor/ Researcher Category and whose job-duties do not include teaching. The process requires that the Department carry out the recruitment process according to strict Department of Labor standards.
If experience is required for the position, the international applicant must have had that experience before being hired by Syracuse University. Experience gained while working for Syracuse University cannot be used to satisfy minimum experience requirements unless that experience was gained in a substantially different position.
Basic Recruitment Requirements – To be eligible for Regular Labor Certification, the job position and job search must meet the following requirements set by the U.S. Department of Labor:
Additional Recruitment Requirements - Employers must select 3 other recruitment methods from the following:
Step Three – Slutzker Center Files Labor Certification (ETA 9089) with Department of Labor
Once the recruitment process has been documented by the sponsoring department and submitted, the Slutzker Center for International Services will file for labor certification with the Department of Labor, submitting specific information about both the job-requirements as well as the advertising and search process that the department used to fill the position which the international employee holds. Syracuse University must have the Department of Labor’s approval before the I-140 Petition can be sent to USCIS.
Step Four – Slutzker Center Prepares I-140
After the Department of Labor approves the labor certification application and an approved ETA 9089 is received, the Slutzker Center will be able to file the I-140 with US Citizenship and Immigration Services. The I-140 is Syracuse University’s sponsorship of an international employee for Permanent Residency.
Prior to filing the I-140 the Slutzker Center will contact the department for the following:
1. Letter indicating the University’s intent to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher/staff member in the academic field (Appointment Letter/Salary Verification Letter).
2. Check for $580 USCIS petition fee (Slutzker Center will work with department to request check). Premium processing is also available for a fee of $1225, payable by the department or the international employee.
Prior to filing the I-140 the Slutzker Center will contact the international employee for the following:
The Slutzker Center for International Services uses the LawLogix service https://ww4.welcomeclient.com/ to securely collect personal biographical data, immigration and employment history information, and scans of supporting documents from all PR applicants. Once we reach the stage of preparing the I-140, the Slutzker Center will contact the employee with login information and access to the LawLogix website.
Additionally, international applicants who are filing in the EB-2 Aliens of Exceptional Ability in the Sciences, Arts, or Business category must submit significant evidence of their qualifications.
Application documents submitted to USCIS:
Step Five – International Applicant Files for Adjustment of Status
The international applicant must file form I-485 (Adjustment to Permanent Resident Status) and accompanying documentation with US Citizenship and Immigration Services for him or herself and any dependents. The Slutzker Center will provide the international applicant some information the I-485 application process. All forms are available for download, free of charge, from the USCIS web site: www.uscis.gov.
PLEASE NOTE: Concurrent filing of the I-140 and the I-485 is allowed if visa numbers are available. As a courtesy, the Slutzker Center will attach the international applicant’s I-485 to the University’s I-140 petition; however, the Slutzker Center cannot provide legal advice on the completion of the form and its supporting documentation.