Policy on Sponsorship for Permanent Residency for Faculty
(Approved Spring 2023)
Policy
Lehigh University will offer sponsorship for US Permanent Residency (green card support) for all newly-hired tenure-track and term faculty with teaching duties. All Lehigh-sponsored employment-based permanent residence cases must be approved by and coordinated through The Office of International Students and Scholars (OISS) using Lehigh Office of General Counsel-approved outside immigration counsel. OISS will confirm the desire for green card support as a part of the initial consultation with all new faculty requiring visa support. OISS will make every effort to begin the green card process with outside counsel prior to or within the first month of hire.
Faculty hires who start working at Lehigh while on OPT (F-1 visa) or AT (J-1 visa) will be expected to use all of the OPT/AT time available to them before moving to an employment-based visa. OISS will work with the newly hired faculty to ensure work authorization until the individual receives their green card.
In order for the PERM process to run smoothly and meet all federal deadlines (timeline detail in the appendix) the department chair and faculty member must coordinate and work closely with OISS from the time of the accepted employment offer and not the start date of employment. In addition, departments (chairs, search committee members, all faculty who meet the candidate) must be careful to avoid discussing residency status during the interview process.
Sponsorship Procedure
Lehigh will cover the following costs for sponsorship centrally. Specifically, Lehigh will provide financial support for legal and filing fees for PERM, the I-140 based on approved PERM and the I-485 for the faculty member. Based on the initial consultation with the selected faculty member, OISS will recommend the most appropriate pathway to permanent residency, in consultation with outside counsel. In most cases, the preferred path for sponsorship will be PERM Special Handling, most likely through the EB-2 program. The OISS Director will serve as Lehigh’s signatory on all legal attestations and petitions as prepared by the immigration attorney assigned to the specific case.
Lehigh University will not centrally provide financial support for more than one method of green card support (i.e. EB-2 and EB-1 concurrently). Should more than one method be pursued, the cost of the extra processing fees will be borne by the requesting unit. The exception is in cases where university error or extenuating circumstances makes it necessary to pursue a second method.
Timeline
Typical timeline to become a Permanent Resident using EB-2 Special Handling
Key Terms
Visa - the visa is the actual physical stamp that is placed in an individual's passport. It is an entry document and must be valid in order to board the plane to and be admitted to the United States. It can expire after entry. If an individual travels abroad after the visa has expired, they must obtain a new visa from a U.S. Embassy/Consulate abroad in order to return to the United States
Immigration status - this is granted at the port of entry by U.S. Customs and Border Protection (CBP). To maintain immigration status after entry, the individual must follow the rules that are specific to the immigration status they were granted.
F-1 visa/immigration status - student visa. Immigration sponsorship for F-1 status is maintained by the University that the student is attending/graduated from
J-1 visa/immigration status - Exchange visitor visa. Immigration sponsorship for J-1 status is maintained by the University that the student is attending/graduated from, or other program sponsor (generally, in the case of Fulbright students)
OPT - Optional Practical Training. Benefit of an F-1 status that allows a student to obtain employment authorization in the United States for 12 months following graduation. Students in STEM fields can apply for a 24-month extension of their OPT for a total of 36 months of work authorization. This policy will encourage new faculty to use all OPT time available to them before we change status to H-1B.
AT - Academic Training. Benefit of an J-1 status that allows a doctoral student to obtain employment authorization in the United States for up to 36 months. The university/program sponsor holding the J-1 SEVIS record authorizes AT. This policy will encourage new faculty to use all OPT time available to them before we change status to H-1B.
H-1B - H-1B is an employment-based visa for a worker in a speciality occupation. This is the type of visa we use for nearly all faculty. It has a limit of 6 years of continuous use, and we can request 3 years at a time. In specific situations, we can extend beyond 6 years (generally, if we are sponsoring for green card but they cannot yet obtain the green card)
Numerical limitations - there is a specific number of green cards available each year, divided up by preference, family vs employment-based, and by country. Once all available green cards have been issued for a specific group of individuals, no more can be issued until the next fiscal year. This results in long waiting periods for certain groups of people. For university faculty/employment-based green cards, waiting periods typically only apply to individuals from India and China (known as a backlog).
EB-1 - this is known as an employment-based “first preference” green card for aliens of extraordinary ability/outstanding professors. There is a high threshold for approval of these types of petitions, but because fewer people qualify, there is not generally a backlog of available green cards. EB-1 based green cards do not require labor certification.
EB-2 - employment-based “second preference” green cards for skilled workers. This is for individuals with advanced degrees and those who qualify for a “National Interest Waiver”. This is the category that most Lehigh-sponsored faculty are in. There is a relatively short backlog for individuals born in China (currently 3 years) and a long backlog for individuals born in India (currently 10+ years)
PERM Labor Certification - For an employer to sponsor someone for permanent residency, they must show that they made efforts to recruit US workers for the position and no US workers were available and willing to take the job. Universities have a special carve-out, called Special Handling, that allows us to use our competitive recruitment process to show that the individual we are sponsoring was determined to be the best fit for the position. We must document our search to show why the foreign national was selected over others, and we must file a permanent labor certification (PERM) with the Department of Labor to justify this. The sponsoring employer must pay all costs associated with the PERM labor certification process, including advertising costs and legal fees. Special Handling only applies if PERM is submitted within 18 months of the date the individual was selected for the position (the date of the offer letter).
I-140 Petition for Alien Worker - this is Lehigh’s petition to hire an immigrant worker into a permanent position. We must document the requirements for this position as well as the fact that the individual has the credentials and experience required for the position. Lehigh must also document that we have the financial resources to pay the individual in perpetuity. This petition must be filed within 6 months of PERM certification. The OISS Director will serve as the signatory for USCIS forms. The Department Chair will be asked to sign a letter of support, and supplemental information is provided by the Controller’s office.
I-485 Application for Adjustment of Status - This is the personal application for the individual to become a US Permanent Resident, and can only be reviewed after the I-140 is approved. This can be filed concurrently with the I-140 in many cases. Certain individuals (generally from India and China) may need to wait until their Priority Date becomes current to file the I-485.