Permanent Residence

POLICY FOR OBTAINING EMPLOYMENT - BASED PERMANENT RESIDENCY

When considering whether to support a non-resident alien for employment-based permanent residency, RBHS departments should first evaluate the individual’s suitability for permanent residence status and then must seek the required support of their school, their dean and the university. An understanding of the various approaches or classifications that are available in this pursuit, as well as the criteria to be met, is also necessary so that International Services (IS) can best assist in this process.

Each classification is based on the beneficiary's ability, experience and credentials; and, in some cases, requires international recognition. It may occur that the alien will state a preference for a specific application track. This may or may not be appropriate based upon his/her experience and credentials.

Following is a brief description of the available employment-based categories under which applicants may request permanent residency support at RBHS:

EB-1: Aliens of extraordinary abilities: individuals of “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation”; “seeks to enter the United States to continue to work in the area of extraordinary ability”; and “ the alien’s entry into the United States will substantially benefit prospectively the United States.”

EB-1: Outstanding professor or researcher: This classification is reserved for individuals who have excelled in their field, but are unable to demonstrate extraordinary ability. Individuals seeking permanent residency under this classification must be “recognized internationally as outstanding in a specific academic area”; have “at least 3 years of experience in teaching or research in the academic area”; seek to enter the U.S. “for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area” or  “a comparable position with a university or institution of higher education to conduct research in the area”.

EB-2: Holders of advanced degrees: Individuals, who do not qualify for permanent residency sponsorship under the EB-1 classifications, may be eligible to apply under the EB-2 classification. In order to apply under the EB-2 category, beneficiaries must undergo the Labor Certification process whereby RBHS is required to demonstrate that “there are not sufficient workers who are able, willing, qualified (or equally qualified) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor” and “ the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed”.  In order to qualify under this classification, the beneficiary must hold an advanced degree above a bachelor’s degree, license, certificate, or other professional qualifications; and have a job offer for which an advanced degree is the minimum requirement.

Employment-based Petition Classifications:

Classification	Description	Job Offer requirement	Labor Certification requirement	International Services Action requirement
EB-1 Extraordinary Ability	Individual who is one of that small percentage who have risen to the very top of the field of endeavor, as shown by sustained national or international acclaim and recognized achievements	None; individual can self petition. Alien must prove, however, that her or she will continue to work in the area of expertise	None	None
EB-1 Outstanding Professor/Researcher	Professor or researcher who is recognized internationally as outstanding inthe academic field, and who has at least 3 years of teaching experience in the field	Must have offer of a tenure or tenure-track teaching or permanent research position	None	Review required prior to submitting application to USCIS through the beneficiary's attorney
EB-2 Advanced degree holder	An individual holding a degree above a bachelor's degree, which is required for the job offered	Must have offer of permanent full-time position which requires an advanced degree or equivalent	Standard Labor Certification required	Approval required prior to submitting application to USCIS through the beneficiary's attorney

Once a determination has been made as to which category to pursue, the sponsoring department should complete the attached application form and submit it to IS for review if the EB-1 Outstanding Professor/Researcher or EB-2 category is chosen.

When submitting applications for the EB-1 Outstanding researcher/Professor or EB-2 Advanced degree holder categories, departments should keep the following in mind:

The university will sponsor for permanent residence only individuals holding full-time faculty positions which are not coterminous with sources of funding other than State appropriations, and who have been employed by the university for at least 6 months. For a full description of the university's policy on the sponsorship of foreign nationals for permanent residence, click here http://policies.rutgers.edu/view-policies/human-resources-hr-%E2%80%93-section-60#1

Labor Certifications could take up to 2 years to be approved. Sponsoring departments should take this into consideration when wishing to submit applications for Permanent Residency under the EB-2 (Advanced

Only official job descriptions and requirements may be used in conjunction with Permanent Residence related filings.

Effective July 16, 2007, hiring departments will be required to cover all costs associated with the filing of permanent residence applications filed under the EB-2 (Standard Labor Certification) category. Hiring departments may not receive payment of any kind associated with a labor certification application, nor may they receive reimbursement for any costs associated with a labor certification application, including payment of the employee's attorneys' fees.

Filing fees for permanent residence applications filed under all other categories will remain the responsibility of the beneficiary.

RBHS Departments wishing to sponsor a foreign national for Permanent Residence must submit a RBHS Permanent Residency request to the OIS with the supporting documentation.