University Policy
Title
University of North Carolina at Chapel Hill Policy on Permanent Residency Sponsorship
Introduction
Purpose
The University of North Carolina at Chapel Hill ("University" or "UNC") is committed to maintaining a world-class faculty and will continue to support -- to the best of its ability and within its resources -- employment-based petitions for U.S. permanent residence for high-level permanent faculty positions. To ensure that resources are wisely used, the University will concentrate its efforts to obtain U.S. permanent residence on international teaching faculty and prominent research faculty. The University will not provide support for applications for administrative and non-faculty positions which would divert critical resources and present greater risks to the University.
Scope
This Policy applies all units of The University of North Carolina at Chapel Hill.
Policy
Policy Statement
The University will only support international teaching faculty and prominent research faculty in the following employment-based immigration categories for U.S. permanent residence: a) Outstanding Professor or Researcher (EB-1-B), and b) Member of the Professions Holding Advanced Degrees (EB-2) accompanied by a PERM Special Handling labor certification (only for faculty positions which include classroom teaching duties). The prospective beneficiary of a University-Sponsored immigrant petition must either hold or must have been offered and has accepted the offer for a permanent full‑time EHRA Faculty position at the University of North Carolina at Chapel Hill.
EB-1-B Outstanding Professor or Researcher
The faculty member is recognized internationally as outstanding in the academic field, has at least three (3) years of teaching and research experience in the field, and is tenured or has or will hold a tenure-track faculty position or a permanent research faculty position. This category requires a petition to the United States Citizenship and Immigration Services (USCIS) by the employer. Petitions for any other type of EB-1 are not supported by the University.
EB-2 Member of the Professions Holding Advanced Degrees Accompanied by a Permanent Labor Certification Program (PERM) Special Handling Labor Certification
The faculty member must have job-required degree above a bachelor's and a permanent full-time faculty position that includes classroom teaching duties.
Notes:
- Among the many requirements include a well-documented competitive recruitment process, including original print advertisement in a national professional journal or sufficient evidence of 30 day posting in online national professional journal required.
- The teaching requirement entitles the recruitment to qualify for the U.S. Department of Labor (DOL) "special handling" procedures. Under special handling, DOL gives the University a longer time within which to file the labor certification application (18 months from the date of job offer versus the standard 6 months from date of job posting), allows the usual process of a competitive recruitment, and permits filing only if the individual selected was the most qualified applicant for the position.
- This category requires a labor certification application by the employer to the DOL first; if approved, followed by a petition to USCIS by the employer.
- It is difficult and risky to seek labor certification for non-teaching faculty positions (standard PERM), especially for positions with an applicant pool that is likely to include U.S. workers who meet the minimum qualifications. Such applications are more labor intensive than PERM Special Handling applications and are far more likely to result in failure and a possible audit, and therefore will not be supported.
- Petitions for any other type of EB-2 are not supported by the University.
Governing Principles and Rationale
Background
To continue to grow as a leading global public research university, UNC must continue to attract and retain world-class faculty and researchers. To enable permanent employment of a foreign national, it is necessary for the individual to obtain U.S. permanent residence (commonly referred to as the "green card").
Process
To ensure that the University's interests are foremost to meet legal requirements, to ease the burden of expenses and effort on the foreign faculty member, and to compete with other universities that offer such services as an incentive to faculty and future hires, the University's policy is that the initiation of the process that may lead to any employment-based petitions for permanent residence for such foreign faculty members must be approved by the Office of the Provost (i.e., by an endorsement of the "Preliminary Information for UNC-Chapel Hill EB-1(2) Outstanding Professor or Researcher" or "Preliminary Information for UNC-Chapel Hill EB-2 PERM Special Handling"). These forms are currently available to hosting unit contacts through the Hosting Units - International Scholars course in Canvas, which is maintained by International Student and Scholar Services (ISSS).
Responsibilities of University
Recruitment and hiring, application to the DOL for PERM Special Handling labor certification, and the employer's Immigrant Petition for Alien Worker (Form I-140) submission to USCIS. Successful completion of these steps allow the foreign national beneficiary to apply for permanent residence.
Responsibilities of the Foreign National
Once the I‑140 has been approved by USCIS, the beneficiary can obtain private immigration counsel to file an application to adjust status to that of a lawful permanent (i.e. moving from a nonimmigrant status such as H-1B Temporary Worker status to an immigrant status). This process and all related requirements and applications are considered the foreign national's personal application, including the I‑485 adjustment of status application, physical examination, applications for work authorization and advance parole, and any other requirements.
If the initial recruitment conducted for a teaching position does not qualify for the specific requirements for DOL's PERM Special Handling labor certification (e.g. it has been over 18 months since the job offer was made, no acceptable national professional journal ad was used in the recruitment or the required evidence thereof was not retained, or the candidate failed to have the required qualifications at the time of hiring), an alternate route for obtaining permanent residence would be required. A re-recruitment for the position to meet those DOL requirements will not be attempted as this could pose serious consequences for the University and for the foreign faculty member who could lose employment in the process.
Notes:
- Permanent residence applications are very labor-intensive undertakings for ISSS staff and for the University units involved. In addition to labor costs, the applications can also involve significant expenses for filing or other fees. Therefore, the University is committed to applying its resources to the cases of greatest interest to the institution as a whole.
- A continuous record of successful applications can help establish credibility with federal agencies for future applications and enhance the University's reputation and recruitment capabilities. Therefore, cases of dubious likelihood of approval will be avoided. ISSS staff with the day-to-day responsibility for and with the authority, experience, and expertise to file the University's employment-based immigration petitions are in the best position to assess the viability of potential cases.
- While there may be more than one employment-based option for an individual faculty member's case, the University will pursue the option with the greatest likelihood of success using ISSS staff's professional judgment and will avoid pursuing concurrent or multiple methods as this would unfairly divert staff time and resources that could be used to assist on other faculty members.
- There are other methods for obtaining permanent residence that do not require employer sponsorship. If applicable and advantageous, a foreign national may choose to pursue one of these other options on their own in addition to the University's efforts to pursue an employment-based petition.
- A foreign national can consult a private immigration attorney at any point, if desired. However, the attorney can only represent that individual, and cannot represent the University.
Conclusion
To make the best use of finite resources, and to protect the University from audits or other actions by federal agencies, the University must limit its applications for permanent residence to certain types of employment arrangements, consistent with all other University policies and procedures.
Related Requirements
External Regulations and Consequences
- Immigration and Nationality Act § 203(b)(1)(A) and § 203(b)(2), and the implementing regulations
- Title 18 of the United States Code, Chapter 47, § 1546
- North Carolina General Statue § 147-17
University Policy
Contact Information
Primary Contact
Name: International Student and Scholar Services
Telephone: 919-962-5661
Email: ISSS@unc.edu