Types of Permanent Residency
Employment-based permanent residency is contingent upon an offer of indefinite full-time employment therefore, NYU files permanent resident (colloquially known as the “green card”) petitions for individuals holding full-time permanent academic appointments only. We file employment-based petitions in the Employment-Based First Preference, Outstanding Professors and Researchers (EB-1B), category only when the Employment-Based Second Preference, Advanced Degree (EB-2), is not possible.
Outstanding Professor and Researcher
Member of the Professions Holding an Advanced Degree (also known as a Special Handling Labor Certification or PERM)
All such petitions are filed by or with the approval of Scholar Services in the Office of Global Services (OGS). Privately-retained attorneys will not have authority to represent the University in these matters unless authorized by Scholar Services and in consultation with the university's Office of General Counsel.
With approval of the school's Dean, permanent residence petitions are filed at an appropriate time, usually not earlier than after one complete term of service. Scholar Services determines under what category of permanent residence to file and generally files under the Employment-Based 2nd preference category (EB-2: Member of the Professions Holding an Advanced Degree) or when necessary under the Employment-Based 1st preference category (EB-1B Outstanding Professor and Researcher).
- Be internationally recognized as outstanding in a specific academic field;
- Be in a permanent, tenure-track or research position within a university or institution of higher learning; and
- Have a minimum of three years experience teaching and/or researching in the field (such experience may include research or teaching while working toward an advanced degree only if the research is recognized within the academic field as outstanding or if the teaching duties entailed full responsibility for the class taught)
Further, evidence of at least two of the six criteria below must be met:
- Original contributions to the field
- National or international awards for achievements in the field
- Membership in organizations that require outstanding achievement
- Published material about the alien or his/her work
- Service as the judge of the work of others
- Scholarly publications and presentations
A petition for Outstanding Professor and Researcher is filed on Form I-140 directly with the Citizenship and Immigration Services (USCIS). Upon receiving the materials from the scholar and sponsoring School or Department, Scholar Services packages the case, and submits it to USCIS. The filing of this I-140 establishes the priority date, or place in line, which comes into play at the I-485 stage. See our I-140 information page.
An EB-2 Labor Certification requires approval by the U.S. Department of Labor (DOL) before an immigrant petition (I-140) can be filed with the U.S. Citizenship and Immigration Services (USCIS). For college and university teachers, cases are filed under what is called "Special Handling" procedures. Labor Certification may be granted if it can be demonstrated that after undergoing normal recruitment procedures using at least one published advertisement, the employer can demonstrate that the foreign national is better qualified than any U.S. citizen or permanent resident applicant for the position.
Labor Certifications (PERMs) must be filed with the DOL within 18 months of the issuance of the original offer letter; DOL processing times vary.
Scholars for whom a Labor Certification is filed must supply Scholar Services, at minimum, with the appropriate DOL forms, updated C.V., and copy of highest degree diploma. We work closely with the department to document the recruitment process for the DOL.
The filing of the Labor Certification establishes the priority date, or place in line, which comes into play at the I-485 stage. Once a Labor Certification is certified, Scholar Services can submit an immigrant petition (I-140) to USCIS on behalf of the scholar. See our I-140 information page.