Sponsor Permanent Residency
Cornell University files petitions for lawful permanent residency (“green card”) for international academic staff holding permanent academic positions. Postdoctoral associates or fellows and those with “visiting” or “temporary” in their job titles are not considered permanent employees and do not qualify for Cornell sponsorship.
Before initiating a permanent residency petition, interested applicants should discuss their eligibility with one of our advisors. We will consult with the applicant to determine the best possible path to permanent residency and communicate the results of that discussion to the hiring unit.
Timing: We recommend starting the process early, as one can only be in H-1B status for period of up to six years. Further H1B extensions are only possible, if Cornell has filed an employment-based permanent residence petition before year five of H-1B status.
Cornell University does not allow outside attorneys to represent the institution in employment-based permanent residency cases except under very limited circumstances. In such circumstances, there is a review and approval process for permission. Please contact the Office of Global Learning for information.
Types of Permanent Residency Petitions
Most Cornell permanent residency petitions utilize the EB-1B priority worker category for outstanding professors or researchers. In some cases, we recommend permanent residency by EB-2 labor certification (PERM). On rare occasions, both options may be recommended.
EB-1B Outstanding Professor or Researcher
This filing method requires submitting a petition to U.S. Citizenship and Immigration Services containing evidence that a professor or researcher is recognized internationally as outstanding in his or her academic field.
To meet basic eligibility requirements for this category, applicants must have at least three years of teaching or research experience in their academic field. Experience gained while working on an advanced degree is only acceptable if the applicant earned a degree, and if the teaching duties were such that the applicant had full responsibility for the class, or if the research conducted toward the degree was recognized as outstanding.
EB-2 Labor Certification (PERM)
PERM labor certification is the first step for obtaining an employment-based green card. The Office of Global Learning will file PERM cases when a hiring unit's search for a position has been completed and meets U.S. Department of Labor requirements.
Applying for permanent residence via labor certification is complicated and lengthy. There can be significant backlogs for citizens of some countries, making the PERM route impractical for some. In PERM cases, the applicant may not participate in gathering documentation for the U.S. Department of Labor. The hiring unit or department is responsible for this step in the process.
In order to succeed, Cornell must convince the U.S. Department of Labor that the hiring unit’s employment search has met federal requirements. Petitions will be rejected if there is any indication that the job advertisement or job description were tailored to make only the successful applicant appear qualified.
If a retest of the U.S. labor market is required, the Office of Global Learning cannot assist departments in conducting new searches. We will recommend that the hiring unit hire outside counsel to help manage the search.
Types of PERM Petitions
Special Handling (for professors and teachers only)
Teaching must be 20 percent of the applicant’s duties. Normal Cornell search practices generally fall within the standards set by the U.S. Department of Labor for special handling cases.
The offer to the successful applicant cannot have been made more than 18 months prior and evidence must show that the successful applicant was the most qualified. Department of Labor processing times vary significantly, so submit materials to the International Services as soon as possible after the conclusion of a search.
Regular Recruitment (for non-teachers)
The offer to the successful applicant cannot have been made more than six months prior, and evidence must show that the successful applicant was the only qualified applicant. Application materials must be received by the Office of Global Learning immediately on conclusion of the recruitment effort.
How We Work with Applicants
Our staff work with hiring units and eligible applicants to determine the best route to lawful permanent residency and advise applicants through the process. Find out more below about applicants' responsibilities and the services we provide.
EB-1B and EB-2 Applicant Responsibilities
It is the applicant’s responsibility to prepare his or her own 1-485 and adjustment petition, either independently or with outside legal help. An adjustment petition (with fee) is also required for each applying family member. The Office of Global Learning can recommend an immigration attorney. If this option is exercised, the applicant is responsible for his or her own legal fees.
For Eligible EB-1B Applicants: Our Services
Initial Meeting
Provide instructions to the applicant about how to collect and best arrange evidence for the I-140 petition. Email us to schedule an initial meeting.
Draft Review Meeting
Review the collected evidence and provide feedback to the applicant.
Petition Submission
Complete the I-140 petition and supporting letter and send with applicant-supplied evidence to U.S. Citizenship and Immigration Services (USCIS). The applicant or department pays a filing fee, payable to the Department of Homeland Security. Expedited processing requires a second check, payable to Department of Homeland Security. International Services will confirm fee amounts at time of application.
Receipt Processing
Scan and email the I-140 receipt notice, with information about next steps, to the applicant.
Problem-Solving
If necessary, respond to any U.S. Citizenship and Immigration Services request for evidence or intent to deny letters.
I-485J Form
Prepare the employer portion of I-485J and provide for inclusion in the applicant's I-485 packet.
Applicant Support
Assist applicant with trouble shooting and recommendations as needed.
For Eligible EB-2 Applicants: Our Services
Initial Meeting
Review process, timeline, and expectations. Email us to schedule an initial meeting.
Department Meeting
Provide instructions, information, and training to the hiring department about how to collect and document evidence for the PERM filing.
Draft Review
Review the PERM evidence before submission to the U.S. Department of Labor.
Petition Submission
Submit the PERM application to the U.S. Department of Labor and send the PERM email receipt to the applicant.
Problem-Solving
If necessary, respond to a Department of Labor audit on the case.
PERM Approval
On PERM approval, request I-140 support materials (data, support letter, filing fee of payable to U.S. Citizenship and Immigration Services, CV, and diploma) from the applicant. The applicant or department pays the filing fee, payable to the Department of Homeland Security. Expedited processing requires a second check, payable to Department of Homeland Security. International Services will confirm fee amounts at time of application.
Petition Submission
Complete and submit the I-140 to U.S. Citizenship and Immigration Services with the applicant’s supporting materials and original PERM approval.
Receipt Processing
Scan and email the I-140 receipt notice, with information about next steps, to the applicant.
Problem-Solving
If necessary, respond to U.S. Citizenship and Immigration Services requests for evidence or intent to deny letters.
I-485J Form
Prepare the employer portion of I-485J and provide for inclusion in the applicant's I-485 packet.
Applicant Support
Assist applicant with trouble shooting and recommendations as needed.
