Professors and Researchers with teaching responsibilities have a distinct advantage in the employment-based green card process.
Special Handling for Permanent Labor Certification:
Researchers or Professors with teaching responsibilities benefit from a provision that can quicken the green card process. Under the “Special Handling” provision, an employer processing a Permanent Labor Certification application for an academic with teaching responsibilities can:
a. Rely on the actual recruitment performed in the original job search (as opposed to a post-hire regulatory mandated recruitment period), and
b. Rely on the applicant review standard of who is “best for the position” offered (as opposed to who meets the minimum requirements).
To take advantage of the Special Handling provision, the employer must file the Permanent Labor Certification application within 18 months of the employment offer letter.
Major considerations in utilizing the Special Handling provision concerns the location of original recruitment methods, maintaining qualifying documentation, and timely submitting the required prevailing wage request. While not all academic openings results in the selection of a foreign national, it is imperative for the employer to recruit in a manner which will allow the employer to take advantage of the special handling provision in the event a foreign national is selected – proper planning at the beginning of the process is essential.
In the event the PERM cannot be filed within the 18-month Special Handling deadline, the employer can proceed with the regular Permanent Labor Certification processing (CLICK HERE). While the employer must complete the 30-day regulatory recruitment process, the employer can continue to use the special handling “best for the position” standard when reviewing applicants.
EB1(b) Outstanding Researcher and Professor:
The EB1(b) category is available exclusively to Outstanding Researchers and Professors who can demonstrate
a. International recognition for outstanding achievement in the field,
b. Three years of teaching or research experience in the field of expertise,
c. Offer of a tenure track position or equivalent research position,
d. Proof of two of USCIS defined criteria, and
e. Proof that the employer can pay the offered salary.
While this EB1(b) category is document dependent and it can take time to collect all of the evidence, the EB1(b) category is advantageous because it does not require a Permanent Labor Certification and the demand for EB1(b) visa is generally not as high as other EB visa categories (EB2 and EB3).
Upgrading EB2 to EB1(b):
Given the Eb1(b) requirements, it may take time for a potential EB1(b) to meet the experience and evidentiary standards required for a successful petition. It is essential to advise the potential EB1(b) applicant on steps that can be taken to reach the standard for a successful petition. In the meantime, US Visa Pro® advises its clients to proceed with the EB2 Special Handling PERM and I-140 petition (if it is an available option). By obtaining approval of the EB2 PERM and I-140 petition, the foreign national will
a. Secure a priority date that the foreign national can use in a subsequent EB1(b) petition. This is particularly important to those foreign nationals from countries with a visa backlogs/ retrogression.
b. Allow the foreign national to extend H-1B status beyond the six-year limitation as long as the employer filed the PERM before the foreign national’s fifth year anniversary in H-1B status.
c. Provide an avenue for an H-4 spouse to obtain work authorization.
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