Requirements for Immigrant (Permanent Resident) Petition (Form I-140)

Effective January 3, 2006, the University Counsel’s Office has assumed responsibility for assisting current and prospective State-funded faculty in preparing the necessary Department of Labor and U.S. Citizenship and Immigration Services (USCIS) documents to seek Permanent Resident status on the basis of employment.  There currently exists a five-tiered employment-based preference system for allocating the 140,000 immigrant visas, which are available each year to persons seeking to immigrate on the basis of employment. To view immigrant visa availability for the current month, please refer to the U.S. Department of State's Visa Bulletin.  The University currently provides assistance in filing for the following categories:

1. Outstanding Professors and Researchers:  This category requires that the beneficiary have at least three years of experience in teaching or research in the field in which they will be employed in the United States, and who have received international recognition for their work.  This classification is only available to employees on full-time tenure track positions.  Evidence that the professor or researcher is recognized internationally as outstanding in the academic field shall consist of at least two of the following:

· receipt of major prizes or awards for outstanding achievement in the academic field,

· membership in associations in the academic field, which require outstanding achievements of their members,

· published material in professional publications written by others about the alien's work in the academic field,

· participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field,

· original scientific or scholarly research contributions to the academic field, or

· authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.

2. Advanced-Degree Professionals (requires permanent labor certification): This category is for full-time tenure track faculty, who do not meet the criteria for classification as an Outstanding Professor or Researcher.  This classification requires that the beneficiary possess an advanced degree or its equivalent in the proposed field of professional employment in the United States.  The term "advanced degree" means any U.S. academic or professional degree, or a foreign equivalent degree, above the level of a baccalaureate. The terminal degree, usually a doctorate, is required for all tenure track positions.  This category requires obtaining permanent labor certification from the U.S. Department of Labor.  To obtain a permanent labor certification, the University is required to submit ETA Form 9089 and supporting documentation to show clearly that the college, school or department selected the alien for the job opportunity pursuant to a competitive recruitment and selection process, through which the alien was found to be more qualified than any of the United States workers who applied for the job.  Per Department of Labor guidelines, evidence of the competitive recruitment and selection process shall include:

· A statement, signed by an official who has actual hiring authority, from the employer outlining in detail the complete recruitment procedure undertaken; and which shall set forth:

o The total number of applicants for the job opportunity.

o The specific lawful job-related reasons why the alien is more qualified than each U.S. worker who applied for the job (U.S. workers are defined as U.S. citizens or permanent residents).

o A final report of the faculty, student, and/or administrative body making the recommendation or selection of the alien, at the completion of the competitive recruitment and selection process.

· A copy of at least one advertisement for the job opportunity placed in a national professional journal, giving the name and date(s) of publication; and which states the job title, duties and requirements.

· Evidence of all other recruitment sources utilized.

· A written statement attesting to the degree of the alien's educational or professional qualifications and academic achievements.

· Applications for permanent alien labor certification which are filed after December 31, 1981, for job opportunities as college or university teachers, shall be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process.

· Applications for permanent alien labor certification for advanced-degree professionals (see previous definition) in non-teaching positions (e.g. librarians), must be filed within 180 days but at least 30 days after any advertising for the position has taken place. To obtain a labor certification for a non-teaching position, the University must certify that there were not any U.S. workers (i.e. U.S. citizens or Permanent Residents) who applied and who met the minimum qualifications for the position.

Requirements for Application to Register Permanent Residence or Adjust Status (Form I-485)

If the applicant will be applying for Permanent Resident status in the U.S. (as opposed to applying at the U.S. Consulate in their home country following approval of Form I-140), USCIS now allows simultaneous filing of Form I-140 and Form I-485, Application to Register Permanent Residence or Adjust Status for the applicant and any dependents who will be applying for Permanent Resident status at the same time. In order to proceed with the petition and application to adjust status, USCIS requires the following documents (all forms are downloadable from http://uscis.gov/graphics/formsfee/forms/index.htm:

1. Form I-485, Application to Register Permanent Residence or Adjust Status (completed forms for applicant and any dependents)

2. Check for $930 filing fee (payable to: U.S. Citizenship and Immigration Services) for each I-485 ($600 for dependents under 14 years of age).

3. Check for $475 filing fee for Immigrant Petition for Alien Worker (Form I-140).

4. Check for $80.00 biometric (fingerprint) fee for each I-485 being filed.

5. Two (2) identical natural color photographs (passport style) for each person filing I-485.

6. Copy of birth certificate (translated if not in English) for each person filing plus marriage certificate (translated) if spouse is also filing.  Each document that is translated must be certified using the format shown in the attached sample. The translator may choose to either attach the "certificate of translation" to the actual translation itself or place the information shown in the sample at the bottom of the translated document.

7. Form G-325A, Biographical Information Sheet (4 pages) for each person filing.

8. Form I-693, Medical Examination (in sealed envelope from a "Civil Surgeon;" i.e. from either the Whitney M. Young, Jr. Health Center or Family Practice, Albany Medical College, Albany (or go to the following URL: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV if trying to locate a Civil Surgeon outside the Albany area).

9. A copy of the personal information page from the applicant's (and any dependent's) passport together with a copy of the latest visa stamp and I-94 (Arrival/Departure Form).

10. I-864, Affidavit of Support Under Section 213A of the Act if I-485 forms are being filed for dependents.