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.