NO. If Temple University is sponsoring you, the process is coordinated through Human Resources and your hiring department. If you are self-petitioning, you will work with your attorney. In either case,. please keep ISSS apprised of any steps taken towards Legal Permanent Residence as these actions can influence your current non-immigrant status.
IT DEPENDS. Depending upon how you wish to file for the green card, you may or may not need to be sponsored by Temple. National Interest Waivers DO NOT require Temple's sponsorship.
NO. Permanent residents remain nationals of their home country, do not hold U.S. passports or owe allegiance to the U.S and may not vote in elections or hold elective office. After 5 years in most cases (3 in some), permanent residents may choose to apply for US citizenship.
NO. A permanent residence has the right to live and work in the US without restriction. This right may end in some circumstances by an uninterrupted absence from the United States.
NO. Permanent Residence is tightly limited, with preference given to close family members and professional skilled workers. It is possible to become a permanent resident of the US in a few ways:
- Petition of a close relative
- Approved political asylum
- DV (Diversity) lottery
- Petition of an employer
- Self-Sponsored Petition
You may file multiple green card applications at the same time.
Priority Workers (EB-1)
(Labor Certification is not necessary)
- Extraordinary ability in arts, sciences, education, business, or athletics
- Outstanding Professors and Researchers
- Multinational Executives and Managers
(Labor certification is required unless waived "in the national interest")
- Professionals holding advanced degrees
- Employees of exceptional ability in the arts, sciences or business
Professionals holding basic degrees, Skilled Workers and other Workers (EB-3)
(Labor Certification is required)
- Professionals holding bachelor degrees
- Skilled workers with at least 2 years of training/experience
- Unskilled workers
Special Immigrants (EB-4)
- Includes ministers of religion, religious workers, certain former U.S. government and international organization employees.
- Individual is required to invest at least $1.8 million in capital and employ 10 or more U.S. workers.
YES. H-1B category permits "dual intent," which allows you to continue in H status even if you have begun applying for permanent residency in the U.S. You do not need to prove that you intend to return to your home country.
IT DEPENDS. In general, Permanent Residence through Employment is a three-step process:
1. If you are being sponsored by Temple, the University (through the attorney) files an Application for Permanent Employment Certification ("labor certification, otherwise known as PERM") with the Department of Labor (DOL). In some cases, a provision of the DOL regulations, called "special recruitment," provides unique eligibility requirements for international faculty whose job responsibilities involve some actual classroom teaching. To qualify for special recruitment, the University must file the application for labor certification (Form ETA 9089) within 18 months of the date the foreign candidate was selected as the most qualified candidate for the position. If you are filing a self-sponsored petition, you will skip this part of the process.
2. Following PERM approval, the University files an Immigrant Petition for Alien Worker (Form I-140) with USCIS. The University must show that the employee is qualified for the job, holds the appropriate degrees, and has the required experience as described in the labor certification. An individual self-filing for a green card would skip the labor certification (PERM) and begin the process by filing a Form I-140.
3. Upon approval of the immigrant petition, the employee and the employee's spouse and children must each file an application for adjustment of status (Form I-485) with USCIS or for an immigrant visa at a U.S. consular post abroad. In some cases, the I-485 may be filed concurrently with the I-140. USCIS or the consulate reviews the applications, conducts background checks on all applicants, and finally grants permanent resident status. A few months later, the new permanent residents will be issued their green cards.