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PR Pathways for UCSC Faculty & Researchers
- 2. Introducing the “A Team” Anne L. Butler, ISSS Director Anna L. Stuart, ISSS Administrative Coordinator Ann L. Lipson, Attorney at Law
- 3. Agenda PR Overview and Pathways UCSC Visa Policy and the exception process How to initiate PR petitions Working with ISSS and outside immigration counsel Review of new UCSC PR Forms Case studies Q&A
- 4. Learning Objectives Understand the various PR pathways: know what elements must be present in order to pursue each pathway Understand how to navigate the PR process at UCSC: how to work with ISSS and outside attorney
- 5. PR Overview Presented By Anne L. Butler
- 6. What is Permanent Residence? Immigrant visa Immigrant = Green card = Resident Alien = Lawful Permanent Residence Requires offer of permanent employment Reasonable expectation of indefinite employment for professors Reasonable expectation of guaranteed funding for at least three years for researchers Employment must be full-time
- 7. Definition: Non- immigrant Visa Temporary; for work purposes Tied to specific employer – FT/PT Alphabet Soup H-1B (dual-intent) O-1A (dual-intent) TN E-3
- 8. Who Is a Permanent Resident? Someone who has acquired the legal right to remain in the U.S. indefinitely but is not a U.S. citizen Has similar, but not all, rights and privileges as a U.S. citizen Employment, Voting, Selective Service
- 9. Advantages of PR for UCSC: Highly effective recruitment and retention tool May enhance our ability to obtain government grants Cost savings Continuity of service
- 10. Advantages of PR for Foreign National: Significant quality-of-life enhancements: Long-term career planning Spouse & children may work Resident tuition for children Eligible for own federal grant funding Dependents don’t “time-out” of derivative visa status at the age of 21 Eligible for mortgage and other personal financial opportunities Ease of travel – including business travel Freedom to work elsewhere
- 11. Government Agencies & PR Dept of Labor (DOL) for PERM labor certification cases only Dept of Homeland Security (DHS) US Citizenship & Immigration Services (USCIS) Customs and Border Protection (CBP) Dept of State (DOS)
- 12. USCIS Eligibility Paths for Permanent Resident Status Family membership Employment based on a shortage of workers in an occupation or on the special skills, knowledge and ability of the applicant Through investment that creates employment for U.S. workers The Visa Lottery Humanitarian reasons (refugees, asylum
- 13. USCIS Requirements for Employment-Based PRPosition must be “permanent” – indefinite or unlimited duration Position must be full-time Position must require professional-level credentials
- 14. UCSC Visa Policy
- 15. UCSC Visa Policy Academic Personnel Policy Campus Academic Personnel Manual (CAPM) Input from ISSS Must meet USCIS requirements Must minimize chance of: DOL audit Employment lawsuits
- 16. UCSC Visa Policy UCSC may sponsor employment-based immigrant visas for: Permanent tenure-track faculty members Researchers in Professional Researcher Series at the Associate Researcher level or higher, if: employment is full-time funding is guaranteed for minimum of 3 years; recruitment has occurred within 6 months
- 17. Exceptions to UCSC Visa Policy Requires approval by ISSS Director Review for legal “bright line”: must meet all USCIS requirements Advise AVC on risk that exception may pose Requires approval by AVC Academic Personnel and EVC Determine if exception is required to support academic mission Determine if risk is acceptable
- 18. Exceptions to UCSC Visa Policy An exception to visa policy may not be part of a job offer An offer of sponsorship may not be used to “sweeten” a low-wage position An exception to policy is not appropriate as an automatic “next- step” when a non-immigrant visa
- 19. PR Pathways
- 20. PR for Tenure- track/Tenured Faculty & Researchers Presented by Ann L. Lipson
- 21. 6 Possible Pathways to PR Status for UCSC Faculty & Researchers1. PERM 2. Outstanding Professor 3. Outstanding Researcher (or Researcher with Exception) 4. Self-petitioning “Alien of Extraordinary Ability” 5. Self-petitioning “Alien whose work is in the National Interest” 6. Marriage to US citizen
- 22. Pathway 1: PR for Classroom Professors Via PERMPERM Program Electronic Review Management system Labor Certification application PERM/Special Handling College/University Teachers only
- 23. Mandatory PERM Requirements Professor must be paid at or above the prevailing wage as determined by on-line wage library confirmed by DOL in Sacramento Must be completed within 18 months of date of selection Signed letter from Professor accepting job offer, with date of selection
- 24. PERM Competitive Recruitment Requirements Candidate must be more qualified than any other U.S. workers who applied for the job as evidenced by completion of UCSC competitive recruitment, Parts A, B and C Notice of job opening to Labor Relations for forwarding to UCSC Faculty Association Minimum of 1 National Professional Journal Print Ad (campus omnibus ad might be sufficient) Ad tear-sheet and proof of payment Copies of on-line advertising Recruitment Report
- 25. PERM Recruitment Dossier Copy of job offer letter (selection document) Prevailing wage request determination from EDD Copy of notice to Labor Relations for forwarding to Faculty Association, and copy of letter from Labor Relations confirming forwarding Recruitment report documentation
- 26. PERM Recruitment Report Documentation Signed recruitment report from hiring authority, supported by the following: Recruitment results, part A, B and C Copies of all ads Statement attesting to professor’s credentials Copies of academic credentials and letters of reference UCSC retains for 5 years
- 27. PERM Process Step 1: PERM UCSC files PERM application on-line with DOL Based on prior recruitment Step 2: I-140 UCSC files petition with USCIS to classify FN in employment-based 2nd preference category File concurrently if visa available Step 3: I-485 FN & dependents file green card application in U.S. Normally file concurrently with I-140 if visa available Can apply for PR at US consulate overseas
- 28. UCSC PERM Timeline: Special Handling Conduct normal competitive recruitment Submit Academic Recruitment Record, Parts A, B, C Must file within 30 – 180 days after notice forwarded to UCSC Faculty Association
- 29. DOL & USCIS Adjudication Timelines & Fees PERM DOL: 3-6 months, assuming no audit. Add on three months if audited USCIS: I-140 alone: 9-12 months USCIS: I-485 green card application alone: 6-12 months USCIS: I-140/I-485 together: 12-24 months USCIS filing fees $0 for PERM $475 for I-140 for step 2 $1010 for the FN’s I-485 green card application (includes work permit and
- 30. Pathway 2: PR for Outstanding Professor Step 1: I-140 UCSC prepares and files petition with USCIS showing: Professor is internationally recognized as outstanding in his/her academic field Has at least 3 years of prior research/teaching experience Can submit at least two out of eight possible types of evidence – see handout for list of evidence Requires at least six to eight letters of endorsement from scholars/researchers in the field Step 2: I-485 FN and dependents file green card application
- 31. Pathway 3: PR for Outstanding Researchers (without or with exception) For FN at the Associate Researcher level or higher – others must be by exception Employment must be full-time Funding must be guaranteed for a minimum of 3 years and recruitment has occurred within 6 months Follows same 2-step process as Outstanding Professors
- 32. Pathways 4 & 5: Self-petitioning Researchers Must demonstrate they are “aliens of exceptional ability in the arts, sciences, business, or education”; OR Must demonstrate that their work is in the “national interest” and that they contribute to this research in a significant way on a national level Self-petitioners follow same 2-step process as UCSC-sponsored Professors and Researchers
- 33. Pathway 6: PR Based on Marriage to a US Citizen Applications filed by foreign national (FN) and spouse No UCSC involvement Timeline: ~ 75 days for travel document; 90 days for work permit (EAD); 4 mos. to interview USCIS filing fees: $1010 for FN; $355 for petitioning spouse
- 34. Outstanding Professors/Researchers & Self-Petitioners: Timeline and Fees I-140/I-485: 12-24 months USCIS filing fees: $475 for petition; $1010 for I-485 (with work permit & travel document
- 35. H-1B vs. PR Compare & Contrast
- 36. H-1B vs. PR H-1B PR Temporary job offer – maximum 6 years; can be extended in certain circumstances Offer of permanent employment Visa status tied to employer – can only receive salary from UCSC Once PR is approved FN no longer tied to UCSC Can be part-time Must be full time Can hold > 1 H-1B for > 1 employer Must work for UCSC for “reasonable period of time” once approved
- 37. H-1B PR No recruitment of US workers required PERM requires recruitment of qualified candidates first Job posting must be for 10 days by dept. Job opening must be forwarded to Labor Relations for forwarding to UCSC Faculty Assoc. Must be paid prevailing wage Must be paid prevailing wage H-1B vs. PR
- 38. H-1B PR Only requires a Bachelor’s degree Requires Master’s or higher; FN must be more qualified than all US candidates (PERM) or be internationally recognized & have 3 yrs prior teaching/research experienceRequires H-1B visa in passport to enter US from abroad No visa required; entry with green card and foreign passport H-1B vs. PR
- 39. H-1B vs. PR H-1B PR No direct pathway to citizenship Can apply for US citizenship after 5 yrs & if certain residence requirements are met Does not require medical exam or FBI background check Requires medical exam & background check
- 40. Strategic Maintenance of H-1B During PR Process UCSC applies for PR status during foreign national’s H-1B status FN should maintain H-1B status during the PR process as a back-up position in case the PR case is denied for whatever reason (including USCIS errors). FN and UCSC should apply for H-1B extensions in plenty of time to avoid delays. During PR process once FN applies for green card, FN also applies for employment authorization (EAD) and international travel document (Advance
- 41. EAD and Advance Parole I-140/I-485: 12-24 monthsEmployment Authorization Document (EAD) Allows FN to work for UCSC and for other employers during the PR process Normally given for one year at a time Fee is included in green card application Advance Parole (AP) Allows FN to come back into US from overseas trip without visa Fee is also included in green card
- 42. Work/Travel on H-1B or EAD/AP If FN enters on AP, he/she must work on EAD If FN enters on H-1B visa he/she would continue working in H-1B status ISSS preference: FN should try to stay in H-1B status and use the EAD and AP as a back-up in case the FN does not have time to obtain new H-1B visa overseas or if FN wants to accept payment from consulting assignments from employer
- 43. Maintenance of PR Status Re-entry from int’l trip of 6 months or less: Valid unexpired green card and valid unexpired passport Trip must be temporary and intent is to remain lawful PR Trips of 6 months to 1 year FN should consult with ISSS or immigration counsel to find out what evidence to present upon re-entry Trips of 1-2 to two years Must first obtain re-entry permit prior to departure
- 44. Naturalization as US citizen Recommended for most PRs – no UCSC involvement in application FN usually can retain dual citizenship Must wait 5 years after becoming PR (3 if based on marriage) Must satisfy residence and physical presence requirements Trips overseas longer then 180 days may create continuity of residence issues
- 45. Must demonstrate good moral character Must pass English and Civics test Timeline: Approximately one year from application to swearing in USCIS Filing Fees: $595 plus $80 biometric fee Naturalization as US citizen
- 46. Process Key Points to Remember “How to” Overview Workshop Materials Review Presented By Anna L. Stuart
- 47. Key Points to Remember Call ISSS Responsibility for Costs = Department Deadline
- 48. How to Initiate a PR Contact ISSS Eligibility
- 49. Initiating Outside Counsel: ISSS Form OC01 Mandatory Initial Consultation Meeting Purpose: to discuss & determine most appropriate PR Pathway with Outside Counsel Minimum Attendees: Outside Counsel, ISSS, Employee/Scholar, Dept &/or Div Rep ISSS Form OC01: Initiate Outside Counsel
- 50. Continued Representation by Outside Counsel ISSS Form OC02: Continuity of Outside Counsel FOAPAL provided to cover basic attorney fees specific to PR Pathway Dept acknowledgement of responsibility for all associated costs Dependents - responsibility of Employee Cannot pass costs associated with PERM filing back to Employee If a UCSC FOAPAL is used = “UCSC-sponsored PR’
- 51. Workshop Materials Overview Pathway 1: PERM Sample Department Checklist (Dossier) EDD Prevailing Wage Request DOL ETA 9089 Pathways 1-5: USCIS I-140 Form Charts Comparison of PR Pathways H-1B vs PR PR Process Flow Visa Costs Comparison
- 52. Test What’s the most important thing to remember after today? If in doubt, contact ISSS: Anne Butler @ 9-4214 Anna L. Stuart @ 9-5269 ISSS Mainline @ 9-3550
- 53. Stretch Break!
- 54. Case Studies
- 55. Q & A
Editor's Notes
- Call Anne/ ISSS as liaison to Attorney When a department enteres into a contract with our immigration attorney, they do so they are also acknolwedging the understanding that it is the department’s responsibility to account for all associated costs of the entire PR case. As to which costs they pass along to their employee/scholar is a discussion between those two parties. Neither ISSS nor the attorney are liable for those costs. With only one exception, all associated costs can be passed to scholar. Sponsorship: it is important also to remember that anytime a UCSC FOAPAL will be used in connection with a PR case of any kind - the process must come through our office and must involve the Department taking responsibility for those fees. Deadline: as soon as you start thinking about the issue of permanent employment for an international employee - call ISSS. In order to give the case the widest selection of PR Pathways - to include the PERM ALC - Between 6-12mths after a formal letter of acceptance from the scholar.
- Contact Anne - ISSS as the liaison between attorney and Department Eligibility - in the rare event that an exception is needed - Anne will talk you through the process and provide you with the necessary form.
- Initiating Outside Counsel - first & mandatory step is an initial consultation with all parties and Outside Counsel. ISSS will provide Dept the first of our two Outside Counsel Forms - OC01: Initiate Outside Counsel which as the name suggests is specifically designed for the first mandatory meeting with the attorney. Upon signing this form and providing a FOAPAL, you are agreeing to cover the attorney fees associated with the ICM. We did not used to make this meeting mandatory but we have found that holding this meeting saves both time and money down the road for all concerned. Refer in packets to the purpose of the Meeting - QUOTE - and a sample agenda. The other good thing to note about this meeting is that if you forget everything that we have covered today - this meeting will include a complete discussion of the PR process specific to the scholar/employee in question. In terms of attendees - at a minimum - attorney, scholar, ISSS Director or liaison, Departmental &/or Divisional Representative. Linguistics Chair example. Final Note: the main importance of these meeting is to save staff time and save money.
- Imagine we are toward the end of that ICM - a pathway for PR has been selected and the decision to move forward has been made. At that time, during that meeting, ISSS will provide you with the second of our Outside Counsel Form - OC02: Continuity of Outside Counsel which as the name suggest is designed to cover the continued representation by our attorney in the preparation and filing of the specific PR pathway chosen. I quickly want to discuss the issue of fees - if you refer to the Attorney and Filing Fee overview document, I would just like to highlight some key point - 1. The FOAPAL or FOAPALs provided on this OC02 form are only to cover the attorney fee portion of the PR Pathway chosen. They do not include USCIS fees (outlined below) - you will be specifically asked to order the checks for these fees by us at the appropriate time; it also does not include further attorney work such as representation at an interview when scheduled by USCIS; RFEs (Requests for Further Evidence); or appeals. All of these costs should be taken into account at the outset - and as I mentioned in the signing of this OC02 form - you are also signing acknowledgment of responsibility for any associated costs (bear in mind that an interview may be held a few years down the PR Pathway). A quick word on the costs associated with Dependents - these costs, when applicable, are the responsibility of the scholar to cover - again these costs can be passed to their department but that discussion will be between you and your employee - neither the attorney nor ISSS are involved in that decision but those costs will need to be covered.
- Before I finish and in your own time - take a look through the other documents in your binder. I haven’t talked about them specifically as they are just for your reference. One thing that I would like to call out specifically is that we have included the Department Checklist associated with Pathway 1: PERM Alien Labor Certification. This is just a sample - no cheating - but it is designed to give you some advance notice of the kinds of documentation that you will be collecting on behalf of your scholar in order for us to file. This is the most labor intensive for you as departments and so take a look. We have also included the PERM form that we file (the 13 page document Ann referenced earlier) so you can take a look at the process from the ISSS/Attorney standpoint. We have also included the USCIS form I-140: Immigrant Petition for Alien Worker - that ISSS/Attorney work on and file on behalf of UCSC and the scholar.
- Before I finish and in your own time - take a look through the other documents in your binder. I haven’t talked about them specifically as they are just for your reference. One thing that I would like to call out specifically is that we have included the Department Checklist associated with Pathway 1: PERM Alien Labor Certification. This is just a sample - no cheating - but it is designed to give you some advance notice of the kinds of documentation that you will be collecting on behalf of your scholar in order for us to file. This is the most labor intensive for you as departments and so take a look. We have also included the PERM form that we file (the 13 page document Ann referenced earlier) so you can take a look at the process from the ISSS/Attorney standpoint. We have also included the USCIS form I-140: Immigrant Petition for Alien Worker - that ISSS/Attorney work on and file on behalf of UCSC and the scholar.