Permanent Residency, also known as the Green Card, is an immigrant visa status that allows an individual to live permanently in the United States with the right of employment and the ability to travel in and out of the U.S. There are many different paths to obtaining Permanent Residency, but the University of Notre Dame can petition for only specific employment-based categories.
The categories of Permanent Residence which may be sponsored by the University of Notre Dame are:
- EB-1 Outstanding Professors/Researchers
- EB-2 Special Handling Labor Certification (for faculty with teaching responsibilities)
- EB-2 National Interest Waiver
- EB-2 Standard Labor Certification
- EB-3 Standard Labor Certification
With the academic unit’s approval, TPAC-RL faculty and Staff positions may be eligible to apply for an employment-based permanent residency petition after three years in the position for which the petition would be filed. The position must be considered permanent (as defined in the immigration regulations) and the academic unit is required to pay all fees related to the labor certification phase of the process.
Responsibility for Legal & Filing Fees
At Notre Dame, the academic unit pays for all costs associated with filings made by the employer, which includes the government filing fees for I-140 immigrant worker petitions and premium processing (if available and requested by the department), advertising for the labor certification, courier costs, and applicable outside counsel fees. Outside immigration counsel must be retained by the University, and ISSA facilitates the relationship between the academic unit and outside immigration counsel. More information regarding fees can be found here.
Filing the I-485
If an I-140 petition is approved, the employee will then be eligible to file Form I-485, Application for Adjustment of Status, and paying all applicable filing and attorney fees. Note that, if there is a backlog for the employee’s home country and the filing category of the permanent residency petition, the employee will not be able to file an I-1485 petition until their priority date becomes current. The I-485 is considered a personal petition to the employee and is not sponsored or filed by the University. It is highly recommended that employees retain an immigration attorney to assist with preparation and filing of the I-485 petition.
Filing Deadline for Tenure or Tenure Track Teaching Faculty
There is a straightforward permanent residence process available for employees with teaching responsibilities, but the university must have advertised the position in a national professional journal (online, for 30 days, or in print) with an ad that states the job title, duties, and requirements (also showing the name and dates of publication), AND the university must start the process within 9 months of the date that the position was offered to the employee.
Please review the chart below for the University's policy on employment based permanent residency petitions and timelines:
| Position Type | Timelines/Permanent Residency Eligibility |
|---|---|
|
Teaching and Research Faculty (Tenure or Tenure Track) |
YES The University does not represent faculty or family members during the final phase of the process (I-485) |
|
TPAC-RL faculty (Non-tenure Track) |
YES
|
| Postdoctoral Research Associate, Research Associate, Senior Research Associate | NO |
| Staff Positions |
YES
|
|
Visiting Scholars Visiting Faculty |
NO |