Permanent Residency Process
Per University policy, the University of Maryland will support petitions for permanent residency provided the faculty position is considered tenure-track/permanent.
- Positions must be
- in the series of tenured or tenure-track professorial ranks;
- in the professor or scientist series of the non-tenure-track research professorial ranks; or
- senior lecturers
- full-time and hired to teach or conduct research
Note: If a position is funded by a grant, there must be an expectation of continued employment. The department provides a three-year appointment agreement.
- Departmental Chair endorsement is required
- ISSS files permanent residency applications that qualify for the EB-1 Outstanding Professor or Researcher or the EB-2 Members of the Professions Holding Advanced Degrees
- Under the EB-1 category, beneficiary must:
- have at least three years of experience in teaching or research in their academic area
- be able to show convincing evidence that they are outstanding and internationally recognized in their field(s).
- Under the EB-2 category, “special handling” is used for college and university professors and benefits from a less stringent labor certification process.
- Duties must include some “actual classroom teaching”
- The application must be filed no later than 18 months after the faculty member was selected as the most qualified candidate for the position, i.e., the date of the offer letter.
- Under the EB-1 category, beneficiary must:
- Petitions for post-doctoral or graduate fellows, faculty research assistants, and research associates will not be supported.
Step 1: Department submits the e-form in iTerp
The e-form, called “Permanent Residency - Eligibility Request,” is approved by the Department Chair and routed to ISSS, who will forward the e-form to Academic Affairs for approval.
Step 2: ISSS schedules a consultation
ISSS will meet with the employee and a representative from the department to review the eligibility requirements for sponsorship.
If the employee is approved and eligible for sponsorship, ISSS and the department will determine the appropriate category, either EB-1 or EB-2.
- EB-1: Outstanding Professor or Researcher
- EB-2: PERM Labor Certification for teaching positions
The Form I-140 filed in the Outstanding Professor/Research category is an employment-based petition. During the I-140 process, the employee will work with ISSS and their employing department to:
- confirm eligibility for permanent residency under the Outstanding category, review and
- compile the appropriate evidence, and
- complete the I-140 form, collect fees, and file the petition with U.S. Citizenship and Immigration Services (USCIS).
Note: This process is very lengthy and labor-intensive, given the significant evidence requirements of the Outstanding category. ISSS will provide extensive advising throughout this period.
Form I-140 Process
Step 1: The employee compiles evidence to be filed with I-140 and submits it to ISSS
The University will not file a petition unless we can show evidence of an employee's strength in at least three of the six criteria, as per USCIS regulations.
Step 2: Department submits Permanent Residency - I-140 Immigrant Petition in iTerp
The department will manage the following:
- Request checks made payable to the U.S. Department of Homeland Security
- Finalize Department Chair’s letter of support
- Prepare a letter of employment certifying 3 years of experience
- Prepare a mailing label and email it to ISSS
- If the position is not tenure-track:
- Evidence of a 3-year contract
- Statement: There is an expectation of continued employment unless there is just cause for termination
Step 3: ISSS prepares petition and ships to USCIS
ISSS manages the following:
- Prepare a cover letter to present the case and summarize the evidence
- Organize the packet of evidence
- Prepare and sign I-140, collect checks and receive final Department Chair’s letter of support
- If an employee is eligible to include their I-485 application with UMD’s I-140 petition, the employee will drop off the packet to be included in shipment.
- Ship package to USCIS
Step 4: USCIS will issue an I-797 Notice of Action
USCIS will issue a Receipt Notice and provide a case number to track the case.
If an RFE (Request for Evidence) is issued, ISSS will work with the department and employee to address the issues. In select cases, ISSS will work with an immigration law firm.
Once the case is approved, USCIS will issue an I-797 Approval Notice
The Form I-140 filed in the category, Members of the Professions Holding an Advanced Degree, is an employment-based petition, which must be filed by an employer on an alien worker's behalf. This category requires a test of the U.S. market and the filing of a labor certification with the U.S. Department of Labor.
During the I-140 process, the department will work with ISSS to:
- confirm eligibility for permanent residency under the EB-2 category,
- review and compile the appropriate evidence about the UMD search and selection process,
- File a labor certification with the Department of Labor; and
- complete the I-140 form, collect fees, and file the petition with U.S. Citizenship and Immigration Services (USCIS).
PERM Labor Certification and I-140 Process
Step 1: The Department compiles evidence to document the search and selection process, and it prepares a report.
The Department will prepare a Recruitment and Selection Report describing, in detail, the recruitment efforts and results, stating that the alien was selected as the most qualified applicant. The report needs to be quite detailed and it may contain copies of the original committee reports and official UMD selection forms used during the normal recruitment process. The report should be on UMD letterhead and should be signed by the Department Chair. The processing time is 3 - 6 months.
Step 2: Posting Notice
The University of Maryland is required to give notice of the filing of the Application for Permanent Employment Certification and be able to document that the notice was posted. The notice is posted in the department for 10 days.
Step 3: Departments submits evidence to ISSS
The Department will submit the search and selection report and the necessary documentation to ISSS for review:
- The Recruitment and Selection Report (detailed above)
- Copies of all advertisements
- A paper copy of at least one of the print advertisements or documentation of an electronic or web-based ad placed for at least 30 days.
- Copies of the in-house media posting, including e-terp
- Copies of all resumes/applications received for the position
- A copy of the faculty member’s CV and educational documents,
- A copy of the job offer letter and contract (if applicable)
Step 4: Prevailing Wage Determination - US Department of Labor
ISSS will file a Prevailing Wage Request through the US Department of Labor. The prevailing wage is the average salary paid to workers similarly employed in the occupational field in UMCP's geographic area or the area of intended employment and is determined by the U.S. Department of Labor. Processing time varies between 6 - 8 months.
Step 5: Application for Permanent Employment Certification – U.S. Department of Labor
ISSS will prepare, review, and finalize the Application for Permanent Employment Certification. In order to file the application, ISSS will request the employee complete the PERM questionnaire (link to questionnaire). Once all of the information has been received, ISSS will electronically file the application with the U.S. Department of Labor.
USDOL will certify the application and email it to the University of Maryland for signature. The certification must be signed by the employee and employer. The approved Labor Certification is valid for 6 months. An I-140 must be filed before expiration of the certification. No extensions are possible.
Note: The Department of Labor may elect to audit the application, which can significantly increase processing times.
Step 6: In iTerp
The department will manage the following:
- Requests checks made payable to the U.S. Department of Homeland Security
- Finalize Department Chair’s letter of support
- Prepare a mailing label and email to ISSS
Step 7: ISSS prepares petition and ships to USCIS
ISSS manages the following:
- Prepare a cover letter, collect copies of academic credentials and CV
- Organize the packet of evidence and scans to the file
- Prepare and sign the I-140, collect checks, and receive final Department Chair’s letter of support
- Certified and signed Labor Condition
- If an employee is eligible to include their I-485 application with UMD’s I-140 petition, the employee will drop off the packet to include in shipment
- Ship package to USCIS
Step 8: USCIS will issue an I-797 Notice of Action
USCIS will issue a Receipt Notice and provide a case number to track the case.
If an RFE (Request for Evidence) is issued, ISSS will work with the department and employee to address the issues. In select cases, ISSS will work with an immigration law firm.
Once the case is approved, USCIS will issue an I-797 Approval Notice
The second phase, following approval of the I-140, is a personal application called the I-485, whereby the alien worker petitions to the U.S. government to then change their status. The I-485 should also be completed for any dependents of the employee also seeking permanent residency.
As the I-485 is the personal part of the permanent residency application--as opposed to the I-140, which is employment based--ISSS is legally unable to advise on this part of the process. Applicants are personally responsible for completing this form correctly and compiling the supporting evidence. They should review instructions very carefully and consult an immigration attorney if they have any questions/concerns (ISSS can provide a list of such attorneys if needed).
Step 1 - Employee prepares form I-485
The I-485 is the personal part of the permanent residency application, so applicants are personally responsible for completing this form and compiling the supporting evidence. The requirements are fully explained in the I-485 instructions.
The I-485 is also completed for each of the employee's dependents (spouse and/or children) seeking permanent residency.
Note: At the time of submission, please check that you are working with the latest edition date of the form.
The following forms may also be completed and submitted along with the I-485. Form I-693 is required, but forms I-131 and I-765 are optional.
Form I-693, Report of Medical Examination and Vaccination Record
- This form is used to report the results of a medical examination to USCIS. This is required to establish that you are not inadmissible to the US based on public health grounds. For more information about public health grounds and validity period of the I-693, please review the USCIS information page.
- The results of your medical examination are confidential and used for immigration purposes.
- The medical examination and this form must be completed by a civil surgeon, designated by USCIS.
- Authorizes travel outside the U.S. while permanent residency petitions are pending at USCIS
Form I-765 (Employment Authorization)
- Allows the employee to continue to work under Pending Permanent Residency status.
- Must be filed if the employee is in the 6th year of H-1B status.
- Can also be completed for any dependent(s) who seek to work under the Pending Permanent Residency status.
- If the employee or dependent elects to use the Employment Authorization Document for employment purposes, the employee (and any dependents) changes from H status to Pending Perm status.
Step 2 - Employee submits I-485
In most cases, the applicant files the I-485 after the I-140 application is approved. However, under certain circumstances, the employee may choose to complete Form I-485 and provide supporting documents, to be filed concurrently with the I-140.
- If the employee chooses to file concurrently with the I-140, the employee will submit the I-485 packets in a sealed envelope to ISSS
- If the employee chooses to file after the I-140 is approved, the employee is responsible for submitting the application directly to USCIS.
Following approval of the I-140, the I-485 petition typically takes an additional year to process. There is no option to premium process the I-485. Processing times are subject to change.
For I-140 and I-485 processing times, please check USCIS processing times.
The timeline is lengthened if there are Requests for Evidence (RFEs).
Departments may choose to premium process the I-140 petition, which, in theory, could shorten processing time to 15 business days. There is no option to premium process the I-485.
Action |
Authority |
Processing Time |
---|---|---|
Department, ISSS, and Academic Affairs approval |
Department Chair |
1 - 2 weeks |
EB-1: Employee compiles evidence
EB-2 PERM: Department compiles evidence |
Employee or Department |
3 - 6 months |
Labor Certification (if applicable) |
US Department of Labor |
USDOL processing times (additional time, if audited) |
ISSS processing - prepares cover letter, reviews evidence and completes the I-140. |
ISSS |
8 weeks |
ISSS Files the I-140 under regular processing OR ISSS Files the I-140 with premium processing |
USCIS |
15 business days |
I-485 |
US Department of State Visa bulletin + USCIS |
+ |
Please check the USCIS website for the latest application fees. Checks should be made payable to the U.S. Department of Homeland Security.
- I-140 petition fee must be paid by the department
- I–907 Premium Processing fee requires Department Chair approval
- I-485 application fee is paid by the employee. Exceptions to use foundation or donation funds requires Department Chair’s approval
- I-485 application fee for spouse and children must be paid by the employee