EB-1 & EB-2
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If an individual wants to live and work in the United States permanently, they may be eligible for permanent resident status.
Permanent residents receive a permit that enables them to remain in the United States indefinitely. This permit is commonly referred to as the “green card.”
UT Dallas can pursue permanent resident status for a nonimmigrant if UT Dallas intends on retaining them beyond the duration of their temporary visit. Sponsorship for permanent residence does not guarantee lifetime employment or tenure.
Categories
Each year the US makes available a limited number of immigrant visas for those who seek to immigrate based on their job skills. There are five employment-based (EB) immigrant visa preferences (categories), and each category has certain requirements that must be met. Employment-based cases are ranked according to the importance of that particular profession to the national interest of the US, which depends upon the occupation’s economic, scientific, technological, and social contributions to the US.
UT Dallas sponsors the EB-1 and the EB-2 categories for qualifying positions upon approval. In an effort to keep the integrity of the visa program and its relation to high-level research, requests for permanent residency sponsorship will be limited to faculty positions. Staff positions will be determined on a case-by-case basis and review. UT Dallas works with an attorney to determine the category to which the beneficiary will apply.
EB-1
Those immigrants with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; multinational executives and managers.
EB-2
Those immigrants who because of their exceptional ability in the sciences, arts or business will substantially benefit the national economy, cultural, or educational interests or welfare of the US; and aliens who are members of the profession as holding advanced degrees or their equivalent.
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.
Staff positions will be determined on a case-by-case basis and review. Staff positions are not sponsored for residency. 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.
Applying for Permanent Residency
The applicant and their department will complete the Request for Permanent Resident Form. Once it has been received in HR, the applicant will be given the contact information for one of the attorneys on contract with UT Dallas.
In the EB-1 category, on average it takes 4-6 months to obtain the evidence for an outstanding professor case and for UT Dallas and the attorney on contract to prepare the case. The I-140 petition is filed concurrently with the I-485 application by the attorney. Premium Processing can be used for the I-140 petition, meaning a response in 15 days. Premium Processing is not an employer-mandated fee, and it is up to the department to decide if they will pay. The cost is $2,500.
In the EB-2 category, once the I-140 petition is approved, the I-485s are typically approved within 2-5 months after I-140 approval. If interested, a spouse can obtain an Employment Authorization Document (EAD) when they file the I-485 application. As above, it will take 6-8 weeks to receive the EAD after filing. UT Dallas does not cover any dependent residency application fees.
Overall, residency petition processing times can vary based on the category, caseload and birth country of the beneficiary.
Fees
The fees vary depending upon the category to which an individual applies. These will be reviewed with the attorney. UT Dallas is required to pay the attorney fees, the recruiting costs, and the I-140 fee. If the applicant chooses to use Premium Processing, this fee is paid by them. They are also responsible for paying the I-485 fee and any dependent visa fees.
Applying for Residency on an H-1B Visa
H-1B employees may choose to pursue permanent residence in the United States. This is different from other visa categories, which require proof of returning to one’s home country after their program ends. Because H-1B status enables an individual to come here with “dual intent”, many scholars believe that the H-1B offers an easier pathway to permanent residence than other visas do.
Travel with a Pending Application
While you are waiting for your application for permanent residence (Form I-485) to be processed, the applicant must be careful about traveling outside the United States. If permission is not received to travel before a trip, the permanent residence application might inadvertently be canceled. Every applicant for permanent residence needs this permission, which is called “advance parole”. US Citizenship and Immigration Services (USCIS) awards advance parole.