Permanent Residency

Permanent Residence with Labor Certification (Faculty) (EB-2)

This is the most common and fastest process. This application will require that the following:

• The position must be advertised in a national professional journal, preferably The Chronicle of Higher Education as a one-time print ad or a 30-day posting on-line in a professional journal. Cannot use www.higheredjobs.com
• Ad must include title/titles, a brief description of duties, and minimum requirements must be stated
• The qualifications stated in the advertisement must be met at the time of selection.
• The position must include actual classroom teaching
• The salary must be commensurate with the position and area (Department of Labor determination)
• The Labor Certification Application must be filed within a specific time period after the position has been offered (not started).

The benefit of this classification is that you will not have to demonstrate your extraordinary or outstanding abilities. The department will be required to pay the labor certification portion of your fees to the attorney.

We highly recommend that everything for the labor certification be filed within the first semester of starting the position in case of delays caused by denials or audits, as the window of time is very short.

The application for green card (I-140) with labor certification must be filed within 18 months of the position offer. Maximum time out from date of offer to prepare is 14 months in order to get the Labor Certification and application in but should be started far earlier. Correct posting (advertisement) of the position must also be met. If either or both of these have not been met, the position will have to be re-advertised to “test the job market” and your position could be lost to a better qualified candidate, or you would need to look at another option for applying for LPR, such as Outstanding Professor or National Interest Waiver.

Permanent Residence with Labor Certification (Non-Faculty) (EB-2)

This is also the most common and fastest process. This application will require that the following:

• The position must be advertised in a national professional journal, preferably The Chronicle of Higher Education as a 1 time print ad or a 30-day posting on-line in a professional journal. Cannot use www.higheredjobs.com
• Ad must include title/titles, a brief description of duties, and minimum requirements must be stated
• The qualifications stated in the advertisement must be met at the time of selection.
• Classroom teaching is preferred.
• The salary must be commensurate with the position and area (Department of Labor determination)
• The Labor Certification Application must be filed within a specific time period after the position has been offered (not started).

The benefit of this classification is that you will not have to demonstrate your extraordinary or outstanding abilities. The department will be required to pay the labor certification portion of your fees to the attorney.

We highly recommend that everything for the labor certification be filed within the first semester of starting the position in case of delays caused by denials or audits, as the window of time is very short.

The application for green card (I-140) with labor certification must be filed within 18 months of the position offer. Maximum time out from date of offer to prepare is 14 months in order to get the Labor Certification and application in but should be started far earlier. Correct posting (advertisement) of the position must also be met. If either or both of these have not been met, the position will have to be re-advertised to “test the job market” and your position could be lost to a better qualified candidate, or you would need to look at another option for applying for LPR, such as Outstanding Researcher or National Interest Waiver.

Outstanding Professor (EB-1)

This classification will require that you demonstrate that you have sustained national or international acclaim and that you have reached the top of your field. If you are filing less than three years after your Ph.D., you will have to show that your work while you were in pursuit of your Ph.D. has been outstanding. Labor Certification is not required for this option.

Outstanding Researcher (EB-1)

This classification will require that you demonstrate that you have international recognition in your field. If you are filing less than three years after your Ph.D., you will have to show that your work while you were in pursuit of your Ph.D. has been outstanding. Labor Certification is not required for this.

National Interest Waiver

The NIW petition requests that the labor certification requirement be waived for the sake of “national interest of the United States”. This classification will require that you have an “advanced degree” or “exceptional ability” in the sciences, arts or business. You will also need to demonstrate that you seek employment in an area of substantial intrinsic merit to the U.S., that the benefit from the candidate’s proposed activity will be national in scope, and that the requirement of a Labor Certification for the candidate will adversely affect the national interest.

As indicated above, the U of I does not process Permanent Residency Applications. However, there is a process in place, as this is normally employment based and the attorney who will be assisting must be screened by U of I Legal Counsel and approved to be an attorney of record.

Schedule an appointment: To start the Application process, please schedule an appointment immediately upon or prior to your arrival on campus to meet with a staff member in the U of I International Programs Office (IPO). Contact 208-885-8984 or ipo@uidaho.edu.

See the following for a detailed breakdown of the process which will be gone over in detail with Tammi.

Here is a list of approved immigration attorneys who are eligible to represent the University of Idaho.

There are different ways to obtain U.S. permanent residency (PR), also referred to as the “Green Card”, or lawful permanent residence (LPR). After acquiring LPR status, a “Green Card” holder can work and live anywhere in the U.S. The most common ways to obtain U.S. permanent residence are:

1. Employment-based 
2. Family-based 
3. Refugee or Asylum-based 
4. Diversity lottery 
5. Investors 

Further information is available on the U.S. Citizenship and Immigration Services (USCIS) website or by consulting with an immigration attorney.

In most cases, if you are able to return to the U.S. in H-1B status, you will not be considered to have abandoned a pending lawful permanent residence petition filed on your behalf. Please be sure to inform the attorney that you are working with of any plans to travel outside of the U.S. as well as any plans to get married, etc.