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Permanent Residence for International Scholars
Many
international scholars wish to gain Permanent Resident Status ("green card")
to allow them to live and work in the United States for an indefinite
period. The three most common ways to obtain permanent residence include:
Services for International Students and Scholars (SISS) is
the UC Davis department that represents the University in the third
method-petition from an employer. Scholars that chose to seek Permanent
Residence through family relationship or lottery should obtain the services
of an immigration attorney to represent them.
Steps to Legal Permanent Residence (Green Card) via Employer Sponsorship
UC Davis files employment-based immigrant visa petitions for international
scholars holding permanent academic positions, and who have the support of
their campus department. Most petitions are filed under the priority worker
category, "Outstanding Professors and Researchers." However, in some cases,
we may recommend that a scholar pursue permanent residence via the
Department of Labor (DOL), either as an alternative to the "Outstanding
Professors and Researchers" petition, or in addition to it. SISS will
consult with each department in order to determine the best possible
strategy to obtain permanent residency.
Steps for Priority Worker Petition
STEP 1: UC Davis files the I-140 immigrant visa petition along with evidence
that the scholar beneficiary meets the eligibility criteria for the
Outstanding Professor or Researcher category.
STEP 2: Scholar files the Adjustment of Status (AOS) application with U.S.
Citizenship and Immigration Services (USCIS). The Adjustment application
includes Form I-485, and many other forms of documentation. The Adjustment
application may be filed concurrently with the I-140 petition (above). If
the applicant wishes to file the adjustment petition concurrently, SISS will
provide a copy of the I-140 receipt notice to send with the application.
STEP 3: On
approval of the AOS application, the applicant will be instructed to visit
the local USCIS office in Sacramento. At this time, the applicant will
receive an I-551 stamp in their passport. Once the I-551 stamp is obtained,
the applicant is a US permanent resident, and can work and travel. The
actual permanent resident card generally arrives in the mail several months
later.
Download Outstanding Researcher and Professor Packet
Steps for DOL Labor Certification Application
STEP 1: UC Davis files the Labor Certification application (ETA-9089) with the DOL. There are 3 primary categories, including "Special Handling", under which applications can be filed. "Special Handling" is a specific labor certification category that offers certain advantages to qualifying scholars. To qualify for special handling, a scholar must hold a position that involves classroom teaching. Additionally, the competitive recruitment process that led to the scholar's hire must have included at least one print advertisement in a relevant print (i.e. hard-copy) journal. Finally, a special handling application may only be filed within 18 months of the scholar's date of final selection by UC Davis. Overall time to approval of ETA-9089 depends greatly upon the category type, although special handling applications are generally processed more quickly than others. Special handling applications filed by UC Davis are typically processed by the DOL within two to three weeks; other types of labor certification applications have a typical timeframe of one to three months between filing and processing.
STEP 2: On receipt of the approved ETA-9089, UC Davis files an I-140 petition with USCIS along with the original approved ETA-9089 from the DOL.
STEP 3: Scholar files the Adjustment of Status (AOS) application with U.S. Citizenship and Immigration Services (USCIS). The Adjustment application includes Form I-485, and many other forms of documentation. The Adjustment application may be filed concurrently with the I-140 petition (above). If the applicant wishes to file the adjustment application concurrently, SISS will provide a copy of the I-140 receipt notice to send with the petition.
STEP 4: On approval of the AOS application, the applicant will be instructed to visit the local USCIS office in Sacramento. At this time, the applicant will receive an I-551 stamp in their passport. Once the I-551 stamp is obtained, the applicant is a US permanent resident, and can work and travel. The actual permanent resident card generally arrives in the mail several months later.
Special Handling Process FAQ
Special Handling Action Timeline
Processing Times
Processing times for each stage of the permanent residence process can vary
widely. SISS cannot predict future processing times, so our estimates will
always be tentative. Generally, however, the path to permanent
residence-from start to finish-will take from 1.5 to 6 years, depending upon
filing methods available and USCIS processing times.
Forms
for Departments
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