Employment-Based Green Card Filing Categories

This category is for the researcher or professor who has a minimum of 3 years of experience teaching/researching in current field.  Must meet at least two of the following criteria, though ISSS generally prefers four criteria be met:

  • Is internationally recognized as outstanding in her/his academic field
  • Has received major prizes or awards for outstanding achievement in the academic field
  • Is a member of associations in the academic field that require outstanding achievements of their members
  • Has published material and professional publications written by others about his/her work in academic field
  • Has participated as the judge of work of others in same or similar academic field
  • Has contributed original scientific or scholarly research contributions to the field
  • Has authored scholarly books or articles in academic field
  • Has 5-10 field experts who can write opinion letters on her/his behalf

Considerations:

  • May only use this category if ISSS determines that criteria have been met
  • Must have an offer of full-time, permanent employment that is tenure track or the equivalent status as a researcher
  • No labor certification is required
  • May be best option for scholars from China and India as the wait time to file the I-485 is minimal in this category.

Process

  • Scholar will mostly be providing the documentation required from above. Department will have minimal work.
  • ISSS will file I-140 after all documentation is received.

 EB-1B timeline (click on picture to enlarge)eb-1-timeline 

*For those with teaching duties only*

This category is for the faculty member who:

Considerations:

  • A job offer is required
  • Labor Certification is required
  • Most GSU green card petitions are under this category
  • Often the quickest and simplest path to permanent residency
  • Must start process with ISSS within 12 months of the job offer (date on job offer letter); will need to file Labor Certification within 18 months of offer letter
  • Foreign nationals born in India or China will have 5-10 year waits with this and other EB-2 or EB-3 categories in order to file their I-485 application for the green card.

Process:

  • Department will provide proof of all advertisements, including proof of their duration of posting, along with the hiring committee’s recruitment report.
  • ISSS will generate a supplemental recruitment report for Department of Labor to be completed by department, along with two Notices of Filing to be displayed by the department for 10 business days in a conspicuous location.
  • While this is happening, ISSS will file a Prevailing Wage Determination with Dept of Labor, followed by the PERM Labor Certification.
  • After the PERM is certified, we will file the I-140 with USCIS.

EB-2 PERM Special Handling timeline (click on picture to enlarge)

eb-2-perm-special-handling-timeline

This category is for the professional staff or faculty member who:

  • Has an Advanced Degree (above a Bachelor’s) - OR- Has a Bachelor’s Degree + 5 years of experience
  • Has worked for GSU for at least 2 full years
  • Is employed in a position that requires at least an Advanced Degree (M.A., M.S., Ph.D., etc.) or a Bachelor’s Degree + 5 years experience, as determined by Human Resources
  • Generally referred to as "EB-2 PERM Basic"

Considerations:

  • A job offer is required
  • Labor Certification is required
  • Must prove that no minimally qualifiedS. citizen is available for the job
  • Must advertise 30 days with the state workforce agency and use 5 other forms of recruitment
  • Must complete recruitment in 180 days
  • Often very expensive and difficult path to permanent residency

Process:

  • ISSS will file a prevailing wage determination with Dept. of Labor, which takes about 3 months.
  • After this, the department will be responsible for placing six advertisements in local newspapers, workforce agencies, etc., along with a Notice of Filing in their department, after which they will need to conduct interviews to see if any U.S. workers (citizens, permanent residents, asylees, or refugees) meet the minimum qualifications for the position. Extensive documentation is required of every candidate.
  • If no candidates meet the minimum qualifications, then the PERM Labor Certification will be filed and later the I-140.

EB-2 PERM Basic timeline (click on picture to enlarge)

eb-2-and-eb-3-timelines

This category is for the staff member who:

  • Has a Bachelor’s Degree
  • Is employed in a position that requires a Bachelor’s Degree as determined by Human Resources

Considerations:

  • Labor certification is required
  • Job offer is required
  • Must prove that no minimally qualified U.S. citizen is available for the job
  • Very expensive and difficult path
  • Few positions at GSU are eligible
  • Similar to EB-2 PERM Basic, but with Bachelors degree as minimum.

Process:

  • ISSS will file a prevailing wage determination with Dept. of Labor, which takes about 3 months.
  • After this, the department will be responsible for placing six advertisements in local newspapers, workforce agencies, etc., along with a Notice of Filing in their department, after which they will need to conduct interviews to see if any U.S. workers (citizens, permanent residents, asylees, or refugees) meet the minimum qualifications for the position. Extensive documentation is required of every candidate.
  • If none do, then the PERM Labor Certification will be filed and later the I-140.

EB-3 PERM Basic timeline (click on picture to enlarge)

eb-2-and-eb-3-timelines