Yale Sponsorship for Faculty
Tenured or Ladder Track faculty automatically qualify for OISS sponsorship for Legal Permanent Resident (LPR) status or “green card”. If the position includes teaching, and if there was a formal search (see details under Recruitment Advertisement) then OISS normally applies using what is called Labor Certification Special Handling. The specific LPR category is EB-2, and it normally takes 18-24 months to complete. Please speak with OISS Associate Director Parker Emerson if you have any questions about OISS sponsorship of LPR status.
If the faculty member was not recruited, it may still be possible to sponsor the green card using the EB-1 category. Any LPR sponsorship can also include family members (spouse and children under 21 years old.
H-1B Status During LPR Process
Please note that because the LPR application process can take a long time, most faculty need to secure H-1B Temporary Worker visa status to begin their appointment at Yale. Please contact your OISS Advisor to begin the H-1B steps as soon as possible. Also note that the H-1B status must continue until the actual green card has been issued.
EB-2 Overview for Teaching Faculty
1. Assessment and Prevailing Wage
Before OISS can determine if the faculty member qualifies for LPR under the EB-2 Labor Certification Special Handling we need a record in our ISD system, and the following materials:
- Copy of the signed offer letter or contract
- Copies of all advertisements used in the recruitment that meet the Department of Labor (DOL) standards
- Copies of all of the faculty member’s credentials required to fill the position
Once it is determined that we can pursue the Labor Certification, we have to do a posting announcing that we are sponsoring LPR, and obtain a Prevailing Wage from the DOL (this normally takes 3-5 months.)
2. Labor Certification
OISS has to enter all evidence of the recruitment and hire into a DOL on-line system called PERM. The deadline is to have this step completed within 18 months of the original job offer (not the job start date). The DOL takes 6-9 months to review and approve the Labor Certification.
3. I-140 Eligibility Application
Once the Labor Certification has been approved, Yale must submit the employer’s I-140 application to immigration (USCIS.) This form needs to be submitted within 4 months of receiving the approved Labor Certification or else the entire process must start over. OISS normally needs the following (see the full Check List) to be able to submit the employer’s I-140 application:
- A letter explaining that the position is permanent or ladder-track
- A shipping label to USCIS
- The filing fees ($580 for normal processing, plus $1,225 for Premium Processing)
4. I-485 Adjustment of Status
Adjustment of Status is the faculty member’s personal application requesting that the green cards be issued. In many cases it is advisable for the faculty member to hire his/her own legal counsel to complete this application. Even without paying an attorney there are additional immigration fees (see the last items on the Check List.)
Whenever possible OISS will file Yale I-140 with the faculty member’s I-485 Adjustment of Status application. However if the new faculty member had a J visa and is still subject to the two-year home residency requirement, or if they are from India or China (back-logged countries), then the Adjustment of Status I-485 cannot be filed, and the faculty member must remain in H-1B status. Once all requirements have been cleared the faculty member, and family members can then apply for Adjustment of Status and change from H-1B to legal Permanent Resident status.
Fairly soon after submitting forms I-485, I-765 and I-131 and supporting materials, the faculty member (and family members) will receive temporary travel/work permission, and later the green card.