EB-1 & EB-2

Related Links

• Request for Assistance with Employee Permanent Resident Petition 
• USCIS Processing Times 
• USCIS Premium Processing Service 

Individuals seeking to live and work in the United States on a long-term basis may be eligible for permanent resident status.

Permanent residents are granted a permit—commonly known as a “green card”—that allows them to live and work in the United States indefinitely.

UT Dallas may sponsor a nonimmigrant for permanent residency if there is an intent to retain the individual beyond their temporary appointment. Sponsorship for permanent residence does not guarantee lifetime employment or tenure.

Categories

Each year, the U.S. allocates a limited number of employment-based immigrant visas across five preference categories. These categories are ranked based on the occupation’s contribution to the national interest—such as economic, scientific, technological, or social impact.

UT Dallas sponsors the EB-1 and the EB-2 categories for qualifying positions upon approval. The Department of Labor requires that due diligence is shown in the residency process to ensure that there is not a US citizen who is qualified to do the job.

In an effort to keep the integrity of the visa program and its relation to high-level research, requests for permanent residency sponsorship are limited to faculty positions with few exceptions for certain high-level staff positions. Staff positions will be determined on a case-by-case basis and review.

Staff positions are carefully scrutinized for permanent residency sponsorship because the process requires a rigorous test of the labor market. When recruiting, if even one U.S. worker meets the minimum qualifications listed in the job posting at the time of recruitment, the labor market test fails. Preferred qualifications are not considered in this process, only the stated minimum requirements. For faculty roles, the standard is different and focuses on selecting the most qualified candidate, which allows for more flexibility in meeting permanent residency criteria.

EB-1

For individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives or managers.

EB-2

For individuals with advanced degrees or exceptional ability in the sciences, arts, or business, whose work significantly benefits the U.S. economy, culture, or education.

Please note: The determination of the appropriate visa category is based on the attorney’s legal evaluation of the beneficiary’s circumstances. While UT Dallas does not advise on immigration strategy, we facilitate contact with UT System-approved immigration counsel and remain actively involved throughout the permanent residency process, including maintaining institutional records and supporting procedural coordination.

Qualifying Positions Sponsored

UT Dallas may sponsor the following full-time positions upon approval:

Title	Job Classification
Professor	Faculty*
Associate Professor	Faculty*
Assistant Professor	Faculty*
Visiting Professor	Faculty*
Research Professor	Faculty*
Research Associate Professor	Faculty*
Research Assistant Professor	Faculty*
Clinical Assistant Professor	Faculty*
Senior Lecturer III	Faculty* Reviewed on a case-by-case basis
Senior Lecturer II	Faculty* Reviewed on a case-by-case basis
Senior Lecturer I	Faculty* Reviewed on a case-by-case basis
Lecturer	Faculty* Reviewed on a case-by-case basis

Research Associate positions do not meet the definition of a “permanent” position and do not qualify for employment-based residency.

Application Process

1. Department and applicant complete the Request for Permanent Resident Form.
2. HR provides contact information for an approved immigration attorney.
3. Attorney and UT Dallas prepare and file the I-140 petition.
4. Applicant concurrently files the I-485 (if applicable).
5. Optional: Premium Processing may be requested for faster I-140 adjudication, but this only applies after the petition is filed.

EB-1 Category:

• Estimated preparation time: 4–6 months to gather evidence and prepare the EB-1 petition for an outstanding professor or researcher.
• I-140 petition filed concurrently with the I-485 application by the attorney.
• USCIS processing time is typically 6–9 months, though Premium Processing (15 days) is available for the I-140 petition.
• USCIS G-1055, Fee Schedule provides the most up-to-date filing fee costs for Premium Processing requests associated with the I-140 petition.
• Optional: Premium Processing may be requested to expedite the I-140 adjudication. However, it only applies after the petition has been filed.
• Spouses of EB-1 applicants may apply for an Employment Authorization Document (EAD) when filing Form I-485. UT Dallas does not cover fees for dependent applications.

EB-2 Category:

• I-485 Processing Time: USCIS processing times for Form I-485 (employment-based) can vary significantly depending on the service center and applicant’s country of chargeability. As of 2025, 6–12 months is a more realistic average
• Spouses can apply for an Employment Authorization Document (EAD) when filing Form I-485.
  • EADs are typically processed within 2–4 months after filing, though timelines may vary.
• UT Dallas does not cover any fees associated with dependent residency applications.

Overall, residency petition processing times can vary based on the category, caseload and birth country of the beneficiary.

Fees

The fees vary depending on the category to which an individual applies. These fees will be reviewed directly with the UTD-approved attorney assisting with the application process.

Fee Type	Responsibility*
Permanent Labor Certification (PERM)	UT Dallas* (recruiting costs and attorney fees)
I-140, Immigrant Petition for Alien Workers	UT Dallas* (attorney fees and I-140 filing fee)
Premium Processing (optional)	Applicant
Additional fees (e.g., shipping)	Applicant
I-485, Application to Register Permanent Residence or Adjust Status	Applicant (all costs associated with the application, including dependent visa fees)

*Applicable fees pertain only to UTD-sponsored immigration petitions (I-140) filed through attorneys who have been reviewed and approved by UTD. UTD does not reimburse or finance self-petitions, nor any filings prepared by attorneys who have not received prior approval from the university.

Applying for Residency on an H-1B Visa

H-1B employees may pursue permanent residency in the United States. Unlike many other visa categories, the H-1B allows for dual intent, meaning individuals can apply for a green card without jeopardizing their nonimmigrant status.

This makes the H-1B a flexible and commonly used pathway to permanent residency. UT Dallas supports this process for eligible employees, typically through the EB-1 or EB-2 categories, depending on qualifications and job role.

Travel with a Pending Application

If you have submitted Form I-485 (Application to Register Permanent Residence or Adjust Status), you must obtain advance parole before traveling outside the United States.

Traveling without this permission may result in your application being considered abandoned by U.S. Citizenship and Immigration Services (USCIS).

Advance parole must be approved and issued by USCIS before departure. It is strongly recommended that applicants consult with their immigration attorney or HR before making any international travel plans while their application is pending.