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Employment-Based Categories for Permanent Residence

There are several different employment-based categories:

The University makes the final determination as to whether a specific case can be sponsored by the University, in light of its policies, practices, and government criteria. For more information regarding University sponsorship, please visit our page here.

Contact the International Services Office (ISO) with questions or concerns.

Employment Based One, EB-1, Outstanding Professor/Researcher Category

EB-1 is the preferred path to permanent residence by the University. To qualify for this category, the University must demonstrate that the person:

  • Is internationally recognized as outstanding in a specific academic field
  • Has at least three years of relevant teaching or research experience
  • Holds a tenure-track appointment or a permanent research position

A permanent research position has no fixed term and in which the University will ordinarily have an expectation of continued employment unless there is a good cause for termination.

The benefits to this designation is that the University is not required to apply for the permanent labor certification on behalf of the international faculty/researcher prior to filing, and in certain instances it will allow for an expedited path to permanent residence. However, the level of scrutiny and review provided to these petitions is steadily increasing and the person must be able to provide copious and convincing evidence that he/she is truly internationally recognized in a specific field.

International recognition in a specific field may include the following documentation and evidence:

  • Recognition as outstanding in a specific academic field
  • Receipt of major international prizes or awards for outstanding achievement in the academic field
  • Original scientific or scholarly research contributions to the academic field
  • Authorship of scholarly books or articles in scholarly journals with international circulation
  • Participation, on a panel or individually, as the judge of the work of others in the same or allied academic field
  • Published material in professional publications written by others about the person’s work in the academic field
  • Membership in associations in the academic field which require outstanding achievements of their members

Employment Based Two, EB-2, Advanced Degree Professional

To qualify for this category, the job the person applies for must require an advanced degree and the person holding the position must possess such a degree. The person must demonstrate that he or she holds such a degree.

A prerequisite for this petition includes the University filing a Permanent Labor Certification with the US Department of Labor (DOL). Depending on the position, the advertisement for the position, as well as the search and selection process, must meet certain standards in order for the application to be approved by the DOL.

Labor Certification legal fees must be paid by the hiring department, per DOL regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.

Note: There is a several years-long delay in the issuing of immigrant visas for the EB-2 category for people from China and India.

Employment Based Three, EB-3, Professionals and other alternatives

To qualify for this category, the person must be able to demonstrate that the position requires at least a US bachelor’s degree (or a foreign equivalent) and the person is a member of the professions.

An additional prerequisite for this petition is the filing by the University of a Permanent Labor Certification with the US Department of Labor (DOL). Depending upon the position, the advertisement for the position, as well as the search and selection process, must meet certain standards in order for the application to be approved by the DOL.

Labor Certification legal fees must be paid by the hiring department, per DOL regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.

The University does not sponsor positions that only require a bachelor’s degree.

Note: There is a several years-long delay in the issuing of immigrant visas for the EB-3 category for people from China and India.

Other Alternatives

Immigration law is ever-expanding, and depending upon the person’s unique situation, there may be other options available. Every case is different and each person brings with them a unique set of facts that must be considered when choosing a path toward permanent residence

Legal and Filing Fees for Permanent Residence

The legal and filing fees for the I-140 Immigrant Petition and the filing fee of $580 may be paid for by the hiring department. All filing fees are paid to the Department of Homeland Security when the petitions are submitted.

The I-485 Adjustment to Permanent Residence filing fee of $1,070 should be paid for by the international employee and not by the hiring department.

The I-140 Immigrant Petition can be premium processed for $1,225. The hiring department or foreign national employee can pay this fee. University departments should consult with ISO to determine if premium processing is necessary and or recommended for the I-140 petition.

Labor Certification legal fees must be paid by the hiring department per US Department of Labor regulations. Only the authorized law firm may file a Labor Certification for the University of Rochester.

Filing fees are subject to increases by the government.