Permanent Residence

U.S. immigration law provides foreign nationals with a variety of ways to become lawful permanent residents (Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

The EB-1 category is for outstanding professors and researchers. In order to qualify for this category, individuals must be recognized internationally as outstanding in their field. Applicants must have an offer of full-time permanent employment or tenure-track if it is a teaching position.

  • Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics;
  • Outstanding professors and researchers; or
  • Certain multinational managers and executives.
  • No labor certification is required for either category.
  • The extraordinary ability category does not require a job offer. (Note: OPS and like positions do not qualify for sponsorship under this category.)

Stage:

  • Stage 1: I-140 Petition for Immigrant Worker
  • Stage 2: I-485 Application to Register Permanent Residence

The outstanding professor or researcher category requires the offer of a tenured or tenure-track teaching position or the offer of a comparable permanent position. For research positions, applicable regulations define “permanent” as being either tenured, tenure-track, or for a period of indefinite or unlimited duration.

The EB-2 category is for employees holding an advanced degree such as a Master or Ph.D. and are in a position that requires an advanced degree.

  • Foreign nationals who are members of the professions holding advanced degrees.
  • Have exceptional ability (including requests for national interest waivers).
  • A labor certification and a job offer are required, unless they are waived in the national interest.

Stages

  • Stage 1: Program Electronic Review Management (PERM) Labor Certification
  • Stage 2: I-140 Petition for Immigrant Worker
  • Stage 3: I-485 Application to Register Permanent Residence

The EB-3 category is for employees holding a Bachelor’s degree in a full-time permanent position, and that requires at least a bachelor’s degree.

  • Skilled workers, professionals, or other workers.
  • A labor certification and a job offer are required for the EB-3 preference.

Stages

  • Stage 1: Program Electronic Review Management (PERM) Labor Certification
  • Stage 2: I-140 Petition for Immigrant Worker
  • Stage 3: I-485 Application to Register Permanent Residence

Additional Information:

  • For more information, please visit https://www.uscis.gov/green-card/employment-based
  • Florida Atlantic University employees and departments interested learning more about the employment-based permanent residency sponsorship should contact Adriana Chow-Ellison, Manager of Immigration Services and Compliance at achowel1@fau.edu.
  • Please review the POLICY ON SPONSORSHIP FOR LAWFUL PERMANENT RESIDENCE "GREEN CARDS" available under Forms and Documents.
  • For every PERM Case initiation, FAU Departments are required to transfer funds in the amount of $750.00 to FAU’s Office of the General Counsel as soon as the case is initiated in Fragomen’s Portal. Instructions on how to complete the transfer can be found in the Forms and Documents tab.
  • FAU Departments are required to pay all advertisement cost associated with the PERM stage.
  • FAU Departments and employees may not use an outside attorney for the PERM stage.


 Last Modified 5/2/19