Employment-Based Green Card Filing Categories

EB-1 Outstanding Professor/Researcher

EB-1B Outstanding Professor/Researcher

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.

the EB-1 Outstanding professor/researcher timeline subject to change based on government filing times. Step 1:Document gathering (ISSS assists but scholar responsibility). Step 2: ISSS prepares petition (one month). Step 3: I-140 Decision (can take five to seven months or fifteen days via premium processing) it is ISSS responsibility. Step 4: Visa bulletin: if priority date current, file I-485. If not, you must wait until it is current. Step 5: I-485 filing (six to twelve months usually) steps 4 and 5 are the scholar's responsibility. Warning: the Eb-1 category generally allows for everyone, no matter the country, to file their I-485 immediately though we have seen delays based on the time of year of attempted filing.

EB-2 PERM Special Handling

*For those with teaching duties only*

This category is for the faculty member who:

Engages in classroom teaching
Was selected as the most qualified applicant for the position, pursuant to a competitive recruitment and selection process. View more information on faculty recruitment best practices for permanent residency sponsorship.
Has recently begun working for Georgia State (Need to start on this, at the latest, 12 months after the offer letter date.)

Considerations:

A job offer is required
Labor Certification is required
Most Georgia State 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 the Department of Labor to be completed by the 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.

This Eb-2 and EB-3 PERM timeline is subject to change based on government filing times, and it is as follow: Step 1: Document Gathering (advertisements, recruitment summary) It is the departmental responsibility. Step 2: prevailing wage determination (3 months). Step 3: Perm decision (two to nine months). Step 4: the I-140 decision (five to seven months or fifteen days with premium processing) Step 2 to step 4 are ISSS responsibility. Step 5: Visa bulletin: if priority date current, file I-485. If not, you must wait until it is current. Step 6: I-485 filing (six to 12 months, usually). Steps 5 and 6 are the Scholar's responsibility. Warning: those born in India or China see significant, five to ten year delays at this point.

EB-2 Standard Filing

EB-2 Standard Filing (PERM Basic)

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 Georgia State 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.

this Eb-2 and EB-3 PERM timeline is subject to change based on government filing times, and it is as follow: step 1: prevailing wage determination (3 months) this is ISSS responsibility. Step 2: test of the market for minimally qualified U.S. workers (at least 2 months to 6 months) it is the departmental responsibility. Steps 3: Perm decision (two to nine months). Step4: the I-140 decision (five to seven months or fifteen days with premium processing) Steps 4 to 5 are ISSS responsibility. Step5: Visa bulletin: if priority date current, file I-485. If not, you must wait until it is current. Step6: I-485 filing (six to 12 months, usually) steps 5 to 6 are the scholar's responsibility. Warning: those born in India or China see significant, five to 10 year delays at this point

EB-3 Professional

EB-3 Professional (PERM Basic)

This category is for the staff member who:

Has a Bachelor’s Degree
Is employed in a position that requires a Bachelors 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 Georgia State 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.

Contact Us

For more information, please contact Lukas Green, Assistant Director of Scholar Services, at [email protected].

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