6.15.2—Permanent Residency (Green Card) Petition Process

Introduction

Permanent residency (or green card) is authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." There are several ways to become a permanent resident. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, an individual may be eligible to file for themselves.

Process

  1. The foreign national or their department requests immigration services for a green card petition by contacting Immigration and Visa Services in Human Resources.
  2. Human Resources contacts the employee to review and discuss the required and appropriate supporting documents for the petition:
    1. Pay stubs from priority date to current (past three months)
    2. Current curriculum vitae or resume
    3. Copy of degrees
    4. I-797 (proof of H-1B or other previous status)
    5. I-612 approval notice of 2129(E) if applicable
    6. I-94 Card(s)
    7. Passport page that indicates validity dates and identification
  3. Human Resources completes a Prevailing Wage Determination (LCA 9141) and submits Permanent Employment Certification (LCA 9089) with the U.S. Department of Labor on behalf of the employing department and the employee.
    1. When the Labor Condition Application (LCA 9141) is being submitted, a memo is drafted and sent to the hiring department to publicly post the I-140 Petition.
    2. A Public Notice memo is also posted in Human Resources for the required 10 business days.
  4. Human Resources prepares a Public Access File with the following documentation:
    1. The original approved Labor Condition Application received from Department of Labor,
    2. The posted Public Notice Memos from the employing department and Human Resources,
    3. A copy of the Wage Statement (proof of prevailing wage statement),
    4. Wage Rate Statement (specific to Incumbent), and
    5. Benefits Statement (one copy in front of binder covers all incumbents)
  5. After 10 business days of the Public Notice posting, Human Resources will complete and submit an I-140 along with the required documentation, approved LCA 9089 and filing fees to the United States Citizenship and Immigration Services (USCIS).
  6. Human Resources receives the I-797C Application Receipt Notice and informs the employee.
  7. Human Resources receives the I-797A (Approval) and emails a copy to the employee and the department chair.
    • NOTE: Human Resources must be in receipt of the appointment paperwork and signed offer letter.

Appendices


Revisions

04/10/2017 Transfer of policy page from HTML to CMS. Business and Finance numbers renamed from "2.6000" to "6. Human Resources". Specifically from "2.6015.2—Permanent Residency (Green Card) Petition Process" to "6.15.2—Permanent Residency (Green Card) Petition Process".