PR Policy
POLICY FOR LAWFUL PERMANENT RESIDENCY PETITIONS AT THE UNIVERSITY OF ALABAMA
The University of Alabama’s Policy for Lawful Permanent Residency Petitions can be found on the The University of Alabama’s policy index page.
Lawful Permanent Residency
The term Lawful Permanent Resident (LPR) is used to describe an immigrant who has been lawfully authorized to reside permanently in the United States. The status also confers the right to work for almost any type of employer. This status is conferred via an I-551 stamp in the individual’s passport and an I-551 card (commonly known as a “green card”). In some instances, The University of Alabama serves as the sponsor for Employer Based permanent residency petitions. All permanent resident applications filed by UA must adhere to the process and procedures given below.
Criteria for UA Permanent Residency Sponsorship
In general, the University will sponsor permanent residence petitions for both staff and faculty under the following conditions:
- The candidate holds a permanent or tenured/tenure track position at The University of Alabama. “Permanent” is defined by immigration guidelines as employment that is intended to be of an indefinite or unlimited duration. In other words, the nature of the position is such that the employee will ordinarily have an expectation of continued employment.
- The position demonstrates secured funding that is either regular in nature, or in the case of a grant-funded position, includes a reasonable expectation that funding will continue.
- The candidate maintains a valid non-immigrant employment status while the application is being processed.
UA reserves the right to determine acceptable cases under employment-based categories where the long-term services of an employee are deemed to be in the best interests of the University and there are assurances of a long-term commitment on the part of both the employing department and the employee.
PR Categories Sponsored by UA
The categories of Permanent Residency which The University of Alabama may sponsor as an employer are:
- EB-1: Outstanding Researcher/Professor;
- EB-2: Advanced Degree Holders;
- EB-2: Exceptional Ability in the Sciences, Arts, or Business; and
- EB-3: Professional or Skilled Worker
University employees whose circumstances foreclose using an employer-sponsored category may self-petition for PR through other categories such as Alien of Extraordinary Ability (EB-1A) or the National Interest Waiver (EB-2). Employees in this situation are encouraged to consult with competent legal counsel about their individual situation before commencing proceedings under either of those categories.
Employees choosing to self-petition for either the EB-1 Alien of Extraordinary Ability or EB-2 National Interest Waiver paths to PR may ask supervisors for letters of reference for their petition. The employee’s department should confirm that the PR petition is not signed or filed on behalf of the University by the employee in reliance on an existing or future position.
Initiating Permanent Residency Sponsorship
To begin sponsorship of a faculty or staff member for Permanent Residency at The University of Alabama (UA), sponsorship must be approved using the PR Process Approval Form (to be initiated by the Department Chair/Director).
Approval is required for all UA-supported permanent residency applications as follows:
- Faculty Sponsorship Approval: Chair > Dean > Assoc. Provost for Financial Affairs > International Student & Scholar Services > University Counsel
- Permanent Staff Sponsorship: Chair/Director > Division Head > Assoc. Provost for Financial Affairs > International Student & Scholar Services > University Counsel
Processing PR Sponsorship by Select Outside Counsel
UA uses outside legal counsel to advise and coordinate the process of sponsoring foreign nationals for LPR. The following immigration attorney/firm has been approved by The University of Alabama System Office to process Form I-140 Immigrant Petition for Alien Worker and PERM filings on behalf of the University, and only this firm may be engaged to process a UA sponsored employment-based Permanent Residency filing:
Law Firm | Contact |
---|---|
Armstrong Immigration | Armstrong Immigration 1609 Greensboro Avenue Tuscaloosa, AL 35401 contact@armimm.com 205-210-4713 |
University departments MAY NOT hire an immigration attorney to file a UA employer-sponsored PR petition without approval of the sponsorship as given above. Departments with questions about the retention of immigration counsel to represent the University in the filing of an employer-sponsored PR petition may contact International Student & Scholar Services.
Department/divisional heads and Deans are not authorized to sign either a form I-140 or a form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) on behalf of UA.
All immigrant and non-immigrant petitions sponsored by The University of Alabama will be reviewed and submitted to USCIS through the UA International Student & Scholar Services (ISSS). ISSS will be the sole signatory office at UA for all UA sponsored PR Petitions, and only ISSS will sign I-140 and G-28 forms on behalf of UA.
All UA employment-based non-immigrant and immigrant petitions are petitions for the employer (UA) and may be withdrawn at any time.
UA sponsored immigration petitions related to employment and or permanent residency require specific internal procedures to assure that the paperwork is in compliance with not only US Department of Labor and US Department of Homeland Security immigration regulations but also with university policies and procedures, including the following:
- University of Alabama faculty, staff, and university representatives are not authorized to sign a USCIS form G-28 or I-140.
- Only International Student & Scholar Services is authorized to sign immigrant and non-immigrant petitions on behalf of the university. International Student & Scholar Services serves as a liaison for the university for all UA sponsored petitions. UA departments and employees with questions should contact ISSS at 205-348-5402 or via email at international@ua.edu.
- All requests for submission of immigration petitions must go through a signature routing approval process on-campus using the PR Process Approval Form (to be initiated by the Department Chair/Director) prior to submission to the approved attorneys.
- Faculty Sponsorship Approval Sequence: Chair > Dean > Assoc. Provost for Financial Affairs > International Student & Scholar Services > University Counsel
- Permanent Staff Sponsorship Approval Sequence: Chair/Director > Division Head > Assoc. Provost for Financial Affairs > International Student & Scholar Services > University Counsel
- UA System’s approved immigration attorney/firm will be contracted for both UA’s I-140 and the employee’s I-485 filings. The processes and petitions cannot be separated. Employees may not self-file the I-485 or its related petitions nor work with third-party counsel.
- UA System’s approved immigration attorney/firm will be required to attend the USCIS interview with the employee.
- The University of Alabama does not authorize outside legal counsel to file PERM applications online on behalf of UA except through a sub-account of International Student & Scholar Services. For PERM cases, outside counsel must work with ISSS for access to PERM filing, and prior to submission to the Department of Labor, applications must be submitted for review.
- ISSS will review all documents related to an I-140 petition prior to their submission to the USCIS.
- ISSS will sign all G-28 and I-140 forms filed on behalf of The University of Alabama.
- All records and official processing of immigration documentation must be maintained and monitored by ISSS.
Process Overview
PERMANENT RESIDENCY OVERVIEW FOR LABOR CERTIFICATION CASES
STAGE 1 – UA Department Initiates PR Sponsorship
- Departments will use the PR Process Approval Form
- See UA PR Policy for information on which positions are eligible for sponsorship
- After all parties have signed off, Department, Employee, and ISSS will finalize who will be responsible for payments, and an engagement contract will be signed with Attorney
STAGE 2 – Attorney & UA Department file PERM Labor Certification
- Obtain Official Prevailing Wage Determination from the Department of Labor
- Complete Recruitment – Ads and Postings
- File PERM Application with DOL – PERM filing sets the Priority Date
STAGE 3 – Attorney & UA file I-140 Immigrant Petition with USCIS
- The I-140 is the University’s employer sponsorship of the employee
- Establishes eligibility for Permanent Residency
STAGE 4 – Attorney & Employee file I-485 Adjustment of Status with USCIS when the Priority Date is Current
- The I-485 is the actual Green Card application
- Employee and eligible family may file the I-485 depending on their case’s Priority Date. For information on eligibility to file the I-485, see:
- Visa Availability and Priority Dates,
- Adjustment of Status Filing Charts, and
- the Department of State website to view the Visa Bulletin
- When filing the I-485, the employee and eligible family may concurrently file for:
STAGE 5 – USCIS Interview
STAGE 6 – Permanent Residency Approved
- Employee receives Green Card
- UA ISSS and HR Update Files and I-9
PERMANENT RESIDENCY OVERVIEW FOR NON-LABOR BASED CASES
STAGE 1 – UA Department Initiates PR Sponsorship
- Departments will use the PR Process Approval Form
- See UA PR Policy for information on which positions are eligible for sponsorship
- After all parties have signed off, Department, Employee, and ISSS will finalize who will be responsible for payments, and an engagement contract will be signed with Attorney
STAGE 2 – Attorney, Employee, & UA file I-140 Immigrant Petition with USCIS
- The I-140 is the University’s employer sponsorship of the employee
- Employee and Attorney gather evidence to establish eligibility under EB-1 or EB-2 for Permanent Residency and prepare petition
STAGE 3 – Attorney & Employee file I-485 Adjustment of Status with USCIS when the Priority Date is Current
- The I-485 is the actual Green Card application
- Employee and eligible family may file the I-485 depending on their case’s Priority Date. For information on eligibility to file the I-485, see:
- Visa Availability and Priority Dates,
- Adjustment of Status Filing Charts, and
- the Department of State website to view the Visa Bulletin
- When filing the I-485, the employee and eligible family may concurrently file for:
STAGE 4 – USCIS Interview
STAGE 5 – Permanent Residency Approved
- Employee receives Green Card
- UA ISSS and HR Update Files and I-9
Attorney Costs & Filing Fees
Applicants and their UA departments will be responsible for all legal fees associated with Permanent Residency filing.
At a minimum, UA as the employer sponsor must cover all attorney expenses related to the Department of Labor Certification Process for PERM filings ($2500 for a Special Handling Labor Certification case, $3000 for a Special Handling re-recruitment, or $4000 for a Standard Labor Certification Case).
In addition to the mandated attorney fees for Labor Certification/PERM filing, there are other fees that are associated with the employer’s sponsorship of Permanent Residency. There are the direct USCIS filing fees for the I-140 (currently $715 – http://www.USCIS.gov/i-140) and potentially the I-907 Premium Processing Fee (currently $2805 – http://www.USCIS.gov/i-907 – an optional fee to be paid only when absolute necessity due to timing issues related to continued employment). In addition, there are the attorney fees related to the I-140 preparation ($2500 for either Special Handling or Standard Labor Certification Cases; $5000 for EB-1B Outstanding Researcher/Professor or EB-2 Exceptional Ability Cases; and $6000 for an EB-1A Extraordinary Ability Case). While not legally mandated as with the attorney fees associated with Labor Certification, the direct filing fees and attorney fees related to the I-140 petition are fees directly related to the University’s I-140 filing.
Thus, UA departments should anticipate total minimum USCIS fees and attorney costs related to Permanent Residency filing to be approximately $7715 for teaching positions filed under Special Handling; approximately $9215 for non-teaching positions filed under standard labor certification; approximately $7715 for non-labor based EB-1B Outstanding Researcher/Professor and EB-2 Exceptional Ability cases; and approximately $8715 for non-labor based EB-1A Extraordinary Ability Cases.
Following the employer’s sponsorship petition, the final step of the process is the filing of an I-485 Adjustment of Status petition. All fees associated with an I-485 petition for the employee and his/her dependents, including filing fees, biometric fees, civil surgeon fees, and attorney fees, are the responsibility of the employee. Employees should anticipate their costs in attorney and filing fees related to the I-485 petition to be $3440 at a minimum (and $2450 – $2940 for each dependent, based on age).
Counsel representation by the University of Alabama System’s approved attorney for both the university’s I-140 and the employee’s related I-485 are required. These processes and petitions cannot be separated, and must be contracted together. Employees may not self-file the I-485 or its related petitions. Employees may not hire a third-party counsel to file the I-485 if it is based on UA’s I-140 sponsorship.
On October 1, 2017, USCIS introduced an in-person interview requirement for all employment-based PR cases. The interview focuses on details related to the employer’s petition and to the individual. The related attorney fees for interview preparation and in-person representation may be paid either by the sponsoring department/college, by the employee, or by both. Current attorney fees for the USCIS interview are $2000 for interview preparation and attorney attendance at the USCIS interview. Because the USCIS Interview is equally related to the I-140 petition and the I-485 petition, UA requires Counsel representation by the University of Alabama System’s approved attorney at the USCIS interview.
SPECIAL HANDLING PROCESS FOR TEACHING POSITIONS – ESTIMATED ATTORNEY & FILING FEES
SERVICE OFFERED | ATTORNEY LEGAL FEE | FILING FEE/COSTS |
---|---|---|
SPECIAL HANDLING LABOR CERTIFICATION | $2500 * | Advertising Costs * |
I-140 FILING BASED ON LABOR CERTIFICATION | $2500 ** | $715 ** |
I-485 ADJUSTMENT OF STATUS AND RELATED PETITIONS (I-765 & I-131) | $2000 *** (+ $1500 for spouse or child) |
$1440 per applicant *** ($950 per child under age 14) |
USCIS INTERVIEW | $2000 interview prep and attendance at interview **** | |
COST TO UA DEPARTMENT | $2500 – $7715 | |
COST TO INTERNATIONAL FACULTY MEMBER | $3440 – $8655 (for faculty member) $2940 (for spouse and any children between 14 and 21) $2450 (for children under 14) (+ Civil Surgeon Fees – $300-$500 per person) |
* Labor Certification Attorney and Advertising Costs are entirely the responsibility of UA as the employer and must be paid by the sponsoring department/college. This amount represents the absolute minimum that must be paid by UA. For a re-recruitment labor certification, the attorney fee is $3000.
** The I-140 Direct Filing Fees and Attorney Fees may be paid either by the sponsoring department/college, by the employee, or by both. When engaging outside counsel, the department and employee must indicate who will be responsible for these fees, or if shared, how much will be paid by each party.
*** I-485 Adjustment of Status and Related Petitions Attorney Fees and Filing Fees for the employee and dependents are the responsibility of the employee. UA Departments cannot pay for any portion of these costs. Counsel representation for both the I-140 and I-485 are required by UA PR Policy. These processes and petitions cannot be separated.
**** On October 1, 2017, USCIS introduced an in-person interview requirement for all employment-based PR cases. The interview focuses on details related to the employer’s petition and to the individual. The related attorney fees for interview preparation and in-person representation may be paid either by the sponsoring department/college, by the employee, or by both. Counsel representation in the interview is required by UA PR Policy.
STANDARD LABOR CERTIFICATION PROCESS FOR NON-TEACHING POSITIONS – ESTIMATED ATTORNEY & FILING FEES
SERVICE OFFERED | ATTORNEY LEGAL FEE | FILING FEE/COSTS |
---|---|---|
STANDARD LABOR CERTIFICATION | $4000 * | Advertising Costs * |
I-140 FILING BASED ON LABOR CERTIFICATION | $2500 ** | $715 ** |
I-485 ADJUSTMENT OF STATUS AND RELATED PETITIONS (I-765 & I-131) | $2000 *** (+ $1500 for spouse or child) |
$1440 per applicant *** ($950 per child under age 14) |
USCIS INTERVIEW | $2000 interview prep and attendance at interview **** | |
COST TO UA DEPARTMENT | $4000 – $9215 | |
COST TO INTERNATIONAL STAFF MEMBER | $3440 – $8655 (for faculty member) $2940 (for spouse and any children between 14 and 21) $2450 (for children under 14) (+ Civil Surgeon Fees – $300-$500 per person) |
* Labor Certification Attorney and Advertising Costs are entirely the responsibility of UA as the employer and must be paid by the sponsoring department/college. This amount represents the absolute minimum that must be paid by UA.
** The I-140 Direct Filing Fees and Attorney Fees may be paid either by the sponsoring department/college, by the employee, or by both. When engaging outside counsel, the department and employee must indicate who will be responsible for these fees, or if shared, how much will be paid by each party.
*** I-485 Adjustment of Status and Related Petitions Attorney Fees and Filing Fees for the employee and dependents are the responsibility of the employee. UA Departments cannot pay for any portion of these costs. Counsel representation for both the I-140 and I-485 are required by UA PR Policy. These processes and petitions cannot be separated.
**** On October 1, 2017, USCIS introduced an in-person interview requirement for all employment-based PR cases. The interview focuses on details related to the employer’s petition and to the individual. The related attorney fees for interview preparation and in-person representation may be paid either by the sponsoring department/college, by the employee, or by both. Counsel representation in the interview is required by UA PR Policy.
EB-1 OUTSTANDING RESEARCHER/PROFESSOR & EB-2 EXCEPTIONAL ABILITY CASES – ESTIMATED ATTORNEY & FILING FEES
SERVICE OFFERED | ATTORNEY LEGAL FEE | FILING FEE/COSTS |
---|---|---|
I-140 FILING BASED ON EB-1 OR EB-2 EXCEPTIONAL ABILITY | $5000 ** | $715 ** |
I-485 ADJUSTMENT OF STATUS AND RELATED PETITIONS (I-765 & I-131) | $2000 *** (+ $1500 for spouse or child) |
$1440 per applicant *** ($950 per child under age 14) |
USCIS INTERVIEW | $2000 interview prep and attendance at interview **** | |
COST TO UA DEPARTMENT | $0 – $7715 | |
COST TO INTERNATIONAL FACULTY/STAFF MEMBER | $3440 – $11,155 (for faculty/staff member) $2940 (for spouse and any children between 14 and 21) $2450 (for children under 14) (+ Civil Surgeon Fees – $300-$500 per person) |
** The I-140 Direct Filing Fees and Attorney Fees may be paid either by the sponsoring department/college, by the employee, or by both. When engaging outside counsel, the department and employee must indicate who will be responsible for these fees, or if shared, how much will be paid by each party.
*** I-485 Adjustment of Status and Related Petitions Attorney Fees and Filing Fees for the employee and dependents are the responsibility of the employee. UA Departments cannot pay for any portion of these costs. Counsel representation for both the I-140 and I-485 are required by UA PR Policy. These processes and petitions cannot be separated.
**** On October 1, 2017, USCIS introduced an in-person interview requirement for all employment-based PR cases. The interview focuses on details related to the employer’s petition and to the individual. The related attorney fees for interview preparation and in-person representation may be paid either by the sponsoring department/college, by the employee, or by both. Counsel representation in the interview is required by UA PR Policy.