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To continue employment beyond the six-year maximum allowed by H-1B, an employee needs to obtain permanent residency. Permanent residency is sometimes referred to as “green card” or “PR”. As the name implies, permanent residency is permanent and allows the employee to live and work in the US indefinitely. There are several paths to PR, and this guide will provide an overview of the paths most commonly used at UT, as well as an explanation of the process, timeline, and cost.
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Labor Certification (EB-2)
Special Handling Labor Certification (SHLC) - if the position has teaching duties and a full search was conducted
Special Handling Re-recruitment - if the position has teaching duties but there was no search conducted
Standard Re-recruitment - if the position doesn’t have teaching duties and no other options exist
Outstanding Professor/Researcher (OPR, EB-1) - if the employee has at least three years of experience and can demonstrate that they are internationally recognized as outstanding in their field
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For positions that have teaching duties, the PR sponsorship process should begin as soon as possible after the offer is accepted due to the tight deadlines involved. In some cases, this could mean starting the PR sponsorship process before the employee’s first day of work.
For tenure-track positions without teaching duties (including NTT Research Faculty), the PR sponsorship process can begin when the faculty member meets the eligibility criteria for the OPR path (see details below).
For non-tenure-track positions without teaching duties, the employee must typically be employed for two years before the university will sponsor them for PR. In extraordinary circumstances, the hiring department may ask ISSS for approval to file a PR petition before the two-year requirement has been met.
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The overall timeline can vary significantly based on several factors, but this process should be measured in years instead of in weeks or months. The process will likely take from two years up to 10+ years from start to finish. Almost all of this time is due to long US government processing times. The employee will need to maintain another type of work authorization (typically H-1B) in order to work for UT during the PR application process.
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Costs
All costs related to the filing of Labor Certifications and forms I-140 must be paid by UT and may not be paid by or reimbursed by the employee. Typically, the hiring department pays the costs for sponsoring their employee for PR, although some colleges might share the cost with the department.
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Total costs can vary depending on several variables, but departments can generally expect to spend $8,000 - $12,000. A detailed explanation of the fees for each path is available on the guide for that path.
Regulatory Background
The following regulations form the basis of permanent residency policy at the University of Tennessee.
20 CFR 656.10(c)(10) (requirement that the job be permanent)
The job opportunity is for full-time, permanent employment for an employer other than the alien.
8 CFR 204.5(k)(4) (requirement for a labor certification)
Every petition under this classification must be accompanied by an individual labor certification from the Department of Labor, by an application for Schedule A designation (if applicable), or by documentation to establish that the alien qualifies for one of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program. To apply for Schedule A designation or to establish that the alien's occupation is within the Labor Market Information Program, a fully executed uncertified Form ETA-750 in duplicate must accompany the petition. The job offer portion of the individual labor certification, Schedule A application, or Pilot Program application must demonstrate that the job requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability.
8 CFR 204.5(i) (experience requirement for OPR petitions)
Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.
8 CFR 245.1(a) (filing for adjustment of status)
Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.