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Slide 1: WELCOM E! Permanent Residence: An ISSS Workshop October 15, 2008
Slide 2: Introducing the “A Team”  Anne L. Butler, ISSS Director Anna L. Stuart, ISSS Administrative Coordinator Ann L. Lipson, Attorney at Law  
Slide 3: Agenda  PR Overview and Pathways  UCSC Visa Policy and the exception process  How to initiate PR petitions  Working with ISSS and outside immigration counsel  Review of new UCSC PR Forms  Case studies  Q&A
Slide 4: Learning Objectives  Understand the various PR pathways: know what elements must be present in order to pursue each pathway how to navigate the PR process at UCSC: how to work with ISSS and outside attorney  Understand
Slide 5: PR Overview Presented By Anne L. Butler
Slide 6: What is Permanent Residence?  Immigrant  Immigrant visa = Green card = Resident Alien = Lawful Permanent Residence  Requires offer of permanent employment  Reasonable expectation of indefinite employment for professors  Reasonable expectation of guaranteed funding for at least three years for researchers  Employment must be full-time
Slide 7: Definition: Nonimmigrant Visa  Temporary;  Tied for work purposes to specific employer – FT/PT  Alphabet Soup  H-1B (dual-intent)  O-1A (dual-intent)  TN  E-3
Slide 8: Who Is a Permanent Resident?  Someone who has acquired the legal right to remain in the U.S. indefinitely but is not a U.S. citizen similar, but not all, rights and privileges as a U.S. citizen  Employment, Voting, Selective  Has Service
Slide 9: Advantages of PR for UCSC:  Highly effective recruitment and retention tool enhance our ability to obtain government grants savings of service  May  Cost  Continuity
Slide 10: Advantages of PR for Foreign National:  Significant quality-of-life enhancements:  Long-term career planning  Spouse & children may work  Resident tuition for children  Eligible for own federal grant funding  Dependents don’t “time-out” of derivative visa status at the age of 21  Eligible for mortgage and other personal financial opportunities  Ease of travel – including business travel  Freedom to work elsewhere
Slide 11: Government Agencies & PR  Dept of Labor (DOL)  for PERM labor certification cases only Dept of Homeland Security (DHS)  US Citizenship & Immigration Services (USCIS)  Customs and Border Protection (CBP) Dept of State (DOS)  
Slide 12: USCIS Eligibility Paths for Permanent Resident Status  Family membership Employment based on a shortage of workers in an occupation or on the special skills, knowledge and ability of the applicant Through investment that creates employment for U.S. workers The Visa Lottery Humanitarian reasons (refugees, asylum    
Slide 13: USCIS Requirements for Employment-Based PR  Position must be “permanent” – indefinite or unlimited duration  Position  Position must be full-time must require professional-level credentials
Slide 14: UCSC Visa Policy
Slide 15: UCSC Visa Policy  Academic Personnel Policy  Campus Academic Personnel Manual (CAPM) from ISSS  Must meet USCIS requirements  Must minimize chance of: DOL audit Employment lawsuits  Input
Slide 16: UCSC Visa Policy  UCSC may sponsor employment-based immigrant visas for:  Permanent tenure-track faculty members  Researchers in Professional Researcher Series at the Associate Researcher level or higher, if: employment is full-time funding is guaranteed for minimum of 3 years; recruitment has occurred within 6 months 
Slide 17: Exceptions to UCSC Visa Policy  Requires approval by ISSS Director  Review for legal “bright line”: must meet all USCIS requirements  Advise AVC on risk that exception may pose  Requires approval by AVC Academic Personnel and EVC  Determine if exception is required to support academic mission  Determine if risk is acceptable
Slide 18: Exceptions to UCSC Visa Policy  An exception to visa policy may not be part of a job offer offer of sponsorship may not be used to “sweeten” a low-wage position exception to policy is not appropriate as an automatic “nextstep” when a non-immigrant visa  An  An
Slide 19: PR Pathways
Slide 20: PR for Tenuretrack/Tenured Faculty & Researchers Presented by Ann L. Lipson
Slide 21: 6 Possible Pathways to PR Status for UCSC Faculty & 1. PERM Researchers 1. 1. Outstanding Professor Outstanding Researcher (or Researcher with Exception) Self-petitioning “Alien of Extraordinary Ability” Self-petitioning “Alien whose work is in the National Interest” Marriage to US citizen 1. 1. 1.
Slide 22: Pathway 1: PR for Classroom Professors Via PERM  PERM Program Electronic Review Management system Labor Certification application Handling College/University Teachers only  PERM/Special
Slide 23: Mandatory PERM Requirements  Professor must be paid at or above the prevailing wage as determined by on-line wage library confirmed by DOL in Sacramento be completed within 18 months of date of selection letter from Professor accepting job offer, with date of selection  Must  Signed
Slide 24: PERM Competitive Recruitment Requirements  Candidate must be more qualified than any other U.S. workers who applied for the job as evidenced by completion of UCSC competitive recruitment, Parts A, B and C Notice of job opening to Labor Relations for forwarding to UCSC Faculty Association Minimum of 1 National Professional Journal Print Ad (campus omnibus ad might be sufficient)    Ad tear-sheet and proof of payment  Copies of on-line advertising Recruitment Report 
Slide 25: PERM Recruitment Dossier  Copy of job offer letter (selection document) Prevailing wage request determination from EDD Copy of notice to Labor Relations for forwarding to Faculty Association, and copy of letter from Labor Relations confirming forwarding Recruitment report documentation   
Slide 26: PERM Recruitment Report Documentation  Signed recruitment report from hiring authority, supported by the following:  Recruitment results, part A, B and C  Copies of all ads  Statement attesting to professor’s credentials  Copies of academic credentials and letters of reference  UCSC retains for 5 years
Slide 27: PERM Process  Step 1: PERM  UCSC files PERM application on-line with DOL  Based on prior recruitment Step 2: I-140  UCSC files petition with USCIS to classify FN in employment-based 2nd preference category  File concurrently if visa available Step 3: I-485  FN & dependents file green card application in U.S.  Normally file concurrently with I-140 if visa available  Can apply for PR at US consulate overseas  
Slide 28: UCSC PERM Timeline: Special Handling  Conduct normal competitive recruitment Academic Recruitment Record, Parts A, B, C file within 30 – 180 days after notice forwarded to UCSC Faculty Association  Submit  Must
Slide 29: DOL & USCIS Adjudication Timelines & Fees  PERM  DOL: 3-6 months, assuming no audit. Add on three months if audited  USCIS: I-140 alone: 9-12 months  USCIS: I-485 green card application alone: 6-12 months  USCIS: I-140/I-485 together: 12-24 months USCIS filing fees  $0 for PERM  $475 for I-140 for step 2  $1010 for the FN’s I-485 green card application (includes work permit and travel doc) 
Slide 30: Pathway 2: PR for Outstanding Professor  Step 1: I-140  UCSC prepares and files petition with USCIS showing:  Professor is internationally recognized as outstanding in his/her academic field  Has at least 3 years of prior research/teaching experience  Can submit at least two out of eight possible types of evidence – see handout for list of evidence  Requires at least six to eight letters of endorsement from scholars/researchers in the field Step 2: I-485  FN and dependents file green card application 
Slide 31: Pathway 3: PR for Outstanding Researchers (without or with exception)  For FN at the Associate Researcher level or higher – others must be by exception Employment must be full-time Funding must be guaranteed for a minimum of 3 years and recruitment has occurred within 6 months Follows same 2-step process as Outstanding Professors   
Slide 32: Pathways 4 & 5: Self-petitioning Researchers Must demonstrate they are “aliens of exceptional ability in the arts, sciences, business, or education”; OR  Must demonstrate that their work is in the “national interest” and that they contribute to this research in a significant way on a national level   Self-petitioners follow same 2-step process as UCSC-sponsored Professors and Researchers
Slide 33: Pathway 6: PR Based on Marriage to a US Citizen  Applications filed by foreign national (FN) and spouse No UCSC involvement Timeline: ~ 75 days for travel document; 90 days for work permit (EAD); 4 mos. to interview USCIS filing fees: $1010 for FN; $355 for petitioning spouse   
Slide 34: Outstanding Professors/Researchers & Self-Petitioners: Timeline and Fees  I-140/I-485:  USCIS 12-24 months filing fees: $475 for petition; $1010 for I-485 (with work permit & travel document
Slide 35: H-1B vs. PR Compare & Contrast
Slide 36: H-1B vs. PR H-1B Temporary job offer – maximum 6 years; can be extended in certain circumstances PR Offer of permanent employment Visa status tied to employer Once PR is approved FN no – can only receive salary longer tied to UCSC from UCSC Can be part-time Can hold > 1 H-1B for > 1 employer Must be full time Must work for UCSC for “reasonable period of time” once approved
Slide 37: H-1B H-1B vs. PR PR PERM requires recruitment of qualified candidates first No recruitment of US workers required Job posting must be for 10 days by dept. Job opening must be forwarded to Labor Relations for forwarding to UCSC Faculty Assoc. Must be paid prevailing wage Must be paid prevailing wage
Slide 38: H-1B vs. PR H-1B Only requires a Bachelor’s degree PR Requires Master’s or higher; FN must be more qualified than all US candidates (PERM) or be internationally recognized & have 3 yrs prior teaching/research experience No visa required; entry with green card and foreign passport Requires H-1B visa in passport to enter US from abroad
Slide 39: H-1B vs. PR H-1B PR No direct pathway Can apply for US to citizenship citizenship after 5 yrs & if certain residence requirements are met Does not require Requires medical medical exam or exam & FBI background background check check
Slide 40: Strategic Maintenance of H-1B During PR Process  UCSC applies for PR status during foreign national’s H-1B status FN should maintain H-1B status during the PR process as a back-up position in case the PR case is denied for whatever reason (including USCIS errors). FN and UCSC should apply for H-1B extensions in plenty of time to avoid delays. During PR process once FN applies for green card, FN also applies for employment authorization (EAD) and international travel document (Advance Parole).   
Slide 41: EAD and Advance Parole I-140/I-485: 12-24 Employment Authorization Document (EAD) months Allows FN to work for UCSC and for other employers during the PR process Normally given for one year at a time Fee is included in green card application Advance Parole (AP) Allows FN to come back into US from overseas trip without visa Fee is also included in green card application
Slide 42: Work/Travel on H-1B or EAD/AP  If FN enters on AP, he/she must work on EAD If FN enters on H-1B visa he/she would continue working in H-1B status ISSS preference: FN should try to stay in H-1B status and use the EAD and AP as a back-up in case the FN does not have time to obtain new H-1B visa overseas or if FN wants to accept payment from consulting assignments from employer other than  
Slide 43: Maintenance of PR Re-entry from int’l trip Status of 6 months or less:   Valid unexpired green card and valid unexpired passport  Trip must be temporary and intent is to remain lawful PR  Trips of 6 months to 1 year  FN should consult with ISSS or immigration counsel to find out what evidence to present upon re-entry Trips of 1-2 to two years  Must first obtain re-entry permit prior to departure 
Slide 44: Naturalization as US citizen Recommended for most PRs – no UCSC  involvement in application  FN usually can retain dual citizenship Must wait 5 years after becoming PR (3 if based on marriage) Must satisfy residence and physical presence requirements Trips overseas longer then 180 days may create continuity of residence issues   
Slide 45: Naturalization as US citizen Must demonstrate good moral  character  Must pass English and Civics test  Timeline: Approximately one year from application to swearing in Filing Fees: $595 plus $80 biometric fee  USCIS
Slide 46: Process Key Points to Remember to” Overview Materials Review “How Workshop Presented By Anna L. Stuart
Slide 47: Call Key Points to Remember ISSS for Costs = Responsibility Department Deadline
Slide 48: How to Initiate a PR Contact ISSS Eligibility
Slide 49: Initiating Outside Counsel: ISSS Form OC01  Mandatory Initial Consultation Meeting  Purpose: to discuss & determine most appropriate PR Pathway with Outside Counsel  Minimum Attendees: Outside Counsel, ISSS, Employee/Scholar, Dept &/or Div Rep Form OC01: Initiate Outside Counsel as liaison for Outside Counsel  ISSS  ISSS
Slide 50: Continued Representation by Outside Counsel  ISSS Form OC02: Continuity of Outside Counsel  FOAPAL provided to cover basic attorney fees specific to PR Pathway  Dept acknowledgement of responsibility for all associated costs  Dependents - responsibility of Employee  Cannot pass costs associated with PERM filing back to Employee  If a UCSC FOAPAL is used = “UCSC-sponsored PR’
Slide 51: Workshop Materials Overview Pathway 1: PERM     Sample Department Checklist (Dossier) EDD Prevailing Wage Request DOL ETA 9089  Pathways 1-5:  USCIS I-140 Form  Charts     Comparison of PR Pathways H-1B vs PR PR Process Flow Visa Costs Comparison
Slide 52: Test  What’s the most important thing to remember after today? in doubt, contact ISSS:  If  Anne Butler @ 9-4214  Anna L. Stuart @ 9-5269  ISSS Mainline @ 9-3550
Slide 53: Stretch Break!
Slide 54: Case Studies
Slide 55: Q&A
Slide 56: Thank you for coming!