INTERNATIONAL STUDENT & SCHOLAR SERVICES

PERMANENT RESIDENCY

Overview of Permanent Residency

There are numerous ways to pursue U.S. permanent residency. Some of the most commonly utilized routes include

  • sponsorship by an employer
  • sponsorship by a qualifying family member
  • self-petitioning procedures by which applicants prove national interest or exceptional ability
  • eligibility through asylum
  • eligibility through diversity lottery program (DV).

The University of Oregon serves as a sponsor of faculty, researchers, and in limited cases administrative personnel employed in eligible, full-time permanent positions at the University of Oregon. The UO does not provide legal assistance or guidance to employees seeking permanent residency through self-petitioning or through petitions based on family, diversity lottery, asylum, or non-eligible UO employment.

Employment-Based Permanent Residency

UO Eligibility Policy 
How to apply?
Processing Times & Fees
When to Begin
Maintaining status while Permanent Residency application is pending
Address Change

UO Eligibility Policy

Faculty, researchers, and staff seeking employment-based permanent residency should consult work with their departments in order to intiate the sponsorship process. UO sponsorship requires the approval of the Office of Academic Affairs and the Office of International Affairs.

EB-2 Second Preference for Advanced Degree Holders

In most cases, the University of Oregon sponsors faculty on the basis of the employment-based, second preference category (EB-2) for advanced degree holders. The EB-2 category permits the UO to sponsor faculty hired to permanent, full-time positions for permanent residency that include teaching as a required job duty. The EB-2 category requires the UO to file a PERM Labor Certification as the first step. Following approval of the PERM Labor Certification, the UO files Form I-140 Immigrant Petition for Alien Worker, while the employee is responsible for filing Form I-485 Application to Adjust Status.

  • Tenure-Track Faculty Positions: Most tenure-track positions qualify for permanent residency.  However, the first step of the permanent residency process (Labor Certification) must be submitted to the US Department of Labor within 18 months of the job offer date.
  • Non-Tenure Career Instructional Positions: Career non-tenure related instructional positions are often eligible for permanent residency.  However, the first step of the permanent residency process (Labor Certification) must be submitted to the US Department of Labor within 18 months of the job offer date.

For further information about the PERM Labor Certification and UO sponsorship for permanent residency, please contact Sonia Potter at (541) 346-2002 or soniap@uoregon.edu.

EB-1(b) Outstanding Professors & Researchers
Under very limited circumstances, professors and researchers who have been internationally recognized as outstanding in their respective fields may seek to obtain permanent residency through the EB-1(b) Outstanding Professors and Researchers category. This will eliminate the need to file a Labor Certification with the Department of Labor, although the University of Oregon must still file Form I-140 on behalf of the individual employee.

To apply for University of Oregon approval to file an "outstanding" I-140 petition, please fill out and submit the Outstanding Professor or Researcher Request Form, along with a justification letter from your UO department and vita, to the Office of Academic Affairs. Once the Request has been approved, International Student and Scholar Services will be notified and will contact the employee to initiate an I-140 petition.

Self-Petitioning
The University of Oregon does not provide guidance on self-petitions by employees seeking permanent residency under either EB-1(a) Extraordinary Ability category or the EB-2 National Interest Waiver. For more information about self-petitions, go to http://www.uscis.gov.

How to Apply

Step 1 Begin the process

  1. Submit the Application for Labor Certification to your Department. Your department will be responsible for obtaining appropriate signatures and forwarding the Application to Unclassified Personnel Services for processing. UPS will manage the Labor Certification filing. If you are seeking permanent residency under the Eb-1(b) Outstanding Professors / Researchers category, complete instead the Outstanding Professor and Researcher Request Form, indicated above.

Step 2 Submit I-140

  1. After you receive the Labor Certification approval, contact International Scholar Services to initiate the I-140 process (ischolar@uoregon.edu).

Step 3 Submit I-485

  1. Form I-485 is an application to request an 'adjustment' of your immigration status from your current status to that of permanent resident. It is your responsibility to complete and file Form I-485 on your own behalf and on behalf of any of your dependents who are seeking adjustment of status as well. Form I-485 is typically filed following approval of Form I-140, but in certain instances may be filed simultaneously. Please consult with an International Scholar Adviser at ISSS for more information.
  2. Obtain the complete packet by calling the USCIS request line at 1-800-870-FORM or going to http://www.uscis.gov. You will need an I-485 packet for each family member.
  3. If you are planning to travel abroad while the I-485 form is pending, please submit the form I-131 (advance parole) to the USCIS. You (and your eligible spouse) may also file Form I-765 to request a temporary employment authorization (EAD) card.

Processing Times (2-3 years) & Fees

  1. Approval of UO Vice Provost for Academic Affairs (2-4 weeks)
  2. Labor Certification Process, if required (8-9 months from the time of electronic submittal)
  3. Intent to Immigrate Petition: I-140 (3-5 months) $580
  4. Adjustment of Status Petition: I-485 (6-12 months) $1070

When to Begin

Tenure-track position: Begin the application process as soon as possible after the job offer. The Labor Certification Application must be submitted to the Department of Labor not later than eighteen months from the official contract offer date. Failure to do so will require departments to conduct a new search for the position.

Non-tenure career instructional position: Begin the application process as soon as possible after the job offer. The Labor Certification Application must be submitted to the Department of Labor not later than eighteen months from the official contract offer date. Failure to do so will require departments to conduct a new search for the position.

Officers of administration and officers of research: The UO typically does not sponsor Labor Certification for these contract types.

For further information, please contact Sonia Potter at 346-2002 or soniap@uoregon.edu.

Maintaining status while Permanent Residency application is pending

It takes about 2-3 years to secure a permanent residency. While the application is pending, the employee is strongly encouraged to maintain immigration status to work at the UO and/or travel overseas.

Address Change

All international scholars and faculty are required by law to keep their addresses updated with the U.S. Citizenship & Immigration Services (USCIS). If you change your address, you must fill out the AR-11 (change of address) form and mail or submit it online to USCIS within 10 days of moving. Failing to report your change of address may jeopardize your legal immigration status.