Index Nonimmigrant Visa Statuses Nonimmigrant Visa Applications Permanent Residence Visiting U.Va. Immigration Packets Rates U.Va.-Sponsored Immigration Immigration Presentations and Outside Legal Advice Address Changes HR-CIS Home

U.Va. boasts numerous international faculty residing temporarily in the U.S. in a nonimmigrant visa classification. Foreign students, exchange visitors and scholars (F-1 or J-1) should visit the International Studies Office homepage for information about F-1 or J-1 visa classifications. Information for foreign nationals visiting U.Va. for a short period of time or becoming employed by U.Va. is available on this webpage.

A foreign national wishing to be employed at U.Va., in general, must have a degree (or the equivalent thereof) in the field in which he or she will be employed and his or her future position must require that degree.

If the situation meets the above criteria, the following immigration classifications are available:

• H-1B status
• TN status (for nationals of Canada and Mexico only)
• E-3 status (for nationals of Australia only)

Foreign nationals who have demonstrated extraordinary ability in the arts, sciences or athletics may qualify for O or P status.

Additionally, in rare instances a member of the U.Va. faculty may be present at the University in a status not listed above.

All nonimmigrants must apply for a visa stamp abroad before coming to the U.S. or, in many circumstances, change status in the U.S. Employment-based petitions (including all listed above) allow an employer to request that a foreign national's status be changed as part of the petition. Most nonimmigrants traveling abroad and returning to the U.S. must have the appropriate valid visa stamp in their passport as described in the visa stamp section.

Many foreign nationals who previously held J-1 or J-2 visa status may not be eligible for H-1B status or to pursue permanent residence in the U.S. because of a two-year home residency requirement. One way that a foreign physician may waive the requirement is through a Conrad 30 or IGA waiver. For more information on the two-year home residency requirement please visit the International Studies Office website.

If a current foreign national employee in a nonimmigrant visa status experiences any substantial change in department or job duties, please contact HR-CIS.

If you are a foreign national who plans to apply for a visa abroad, please visit http://www.usembassy.gov/ for a list of U.S. consulates and diplomatic missions around the world. Within each consulate’s website, you will find instructions for making a visa application appointment and submitting an application. Wait times for visa application appointments may be found at
http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php.

In general visa applicants will require a passport valid for at least six months, previous passports containing U.S. visas or entry stamps, the appropriate forms (completed online per the consulate’s website), the approval notice for the petition (if applying for an H-1B, O-1 or P visa), a complete copy of the petition that was filed, documentation of valid visa status during previous stays in the U.S. (such as previous approval notices or Forms I-20 or DS-2019), and documentation of educational and professional credentials. Employees applying for a visa abroad after they have begun work at the University should also bring documentation of continued employment such as pay statements. A specific consulate may require additional materials as described on its website. Family members applying for a derivative visa stamp will also be required to document their relationship.

• Family-based: Immigration through a close relative. The most likely scenario for a family-based case is for a U.S. citizen to sponsor his or her husband, wife or qualifying child for permanent residence.
  
  
• Employment-based: Immigration sponsored by an employer. This category also encompasses unusual situations that need not involve an employer:
  1. an alien of extraordinary ability;
  2. an alien of exceptional ability in the national interest; or
  3. an investor in U.S. business (usually at least $1 million and the creation of at least 10 jobs).
     
     
• Diversity lottery: Nationals of specific countries are eligible to enter a lottery, where names are randomly drawn. Winners of the lottery are eligible to apply for permanent residence.
  
  
• Political asylee or refugee or other similar relief.

Permanent Labor Certification

In general, the first step of any employment-based immigration sponsorship is labor certification. Labor certification is a test of the U.S. job market to confirm with the Department of Labor (DOL) that there are no willing, qualified and able U.S. workers to fill a foreign national’s position.

If the foreign national is of extraordinary or exceptional ability or an outstanding researcher or professor, labor certification may not be necessary. Note that outstanding professors must be tenure or tenure-track to qualify for the classification.


PERM Labor Certification Applications (ETA 9089)

Instituted on March 28, 2005, the PERM (Program Electronic Review Management) Labor Certification Application program was an entirely new system for labor certification applications. This system requires that U.Va. conduct specific recruitment prior to filing the application online. In particular, U.Va. must advertise the foreign national’s position and carefully evaluate applications from U.S. workers. The pre-filing tasks generally take about three months to complete. Most PERM applications, once filed, are adjudicated in less than three months. However, adjudication times changes often and can decrease or increase without prior notification from DOL.

For some University positions, special processing is available whereby the University may utilize the national recruitment already conducted in the previous 18 months, which resulted in the hire of the foreign national employee. TO USE THIS OPTION, A COMPLETE RECRUITMENT CAMPAIGN MUST BE RUN THROUGH THE UNIVERSITY AND AT LEAST ONE ADVERTISEMENT MUST APPEAR IN AN APPROPRIATE NATIONAL PROFESSIONAL JOURNAL THAT IS CIRCULATED IN PRINT. Also the intent of the recruitment campaign must have been to hire a permanent employee.

A foreign national is eligible for additional extensions of H-1B status beyond his or her six-year maximum if a labor certification application has been pending for 365 days or more when he or she will reach the six-year maximum.

Immigrant Visa Petitions (I-140)

The second step of the permanent residence process is the immigrant visa petition (I-140). This petition states that U.Va. would like to employ a particular foreign national on an indefinite basis, and it demonstrates why that foreign national is qualified for permanent employment. For example, an immigrant visa petition based on an approved labor certification application will demonstrate that the foreign national meets the requirements for the labor certification application position. In addition, the immigrant visa petition must demonstrate that U.Va. can pay the wage offered to the foreign national. Immigrant visa petitions generally take less than six months to be adjudicated.

A foreign national is eligible for additional extensions of H-1B status in one year increments beyond his or her six-year maximum if an immigrant visa petition has been pending for 365 days or more when he or she will reach the six-year maximum. A foreign national is eligible for an additional three years of H-1B status beyond his or her maximum if he or she is the beneficiary of an approved immigrant visa petition.

Immigrant visa petitions are separated into several categories. In general, U.Va. will see three categories of Employment Based (EB) petitions, which are referred to as EB-1, EB-2 and EB-3.

U.Va. sponsors permanent residence filings in the following categories only:

EB-1 for outstanding researchers and professor.

EB-2 for individuals who will be assuming a position that requires at least a master’s degree or equivalent.

EB-3 for Registered Nurses (RN). Some RNs may fall under the EB-2 category, however, if they hold an advanced nursing degree.


Priority Dates and Immigrant Visa (or Green Card) Availability

The U.S. allows approximately 140,000 employment-based immigrants to become permanent residents each year. The demand has exceeded the supply. For many foreign nationals there is now a wait to apply for permanent residence. To stem the flow of applicants for permanent residence, the Department of State established cut-off dates. In many categories, a foreign national is eligible to apply for permanent residence only if his or her “priority date” is current. A foreign national establishes a priority date when a labor certification application for him or her is filed, or when an I-140 petition for him or her is filed. Additionally, in general, a foreign national can keep the priority date of an approved I-140 petition regardless of whether or not he or she uses that I-140 to apply for permanent residence.

In general, the cut-off dates improve as one moves into a higher EB category. For a current update of immigrant visa (or green card) availability visit: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. The notation of "C" indicates that the priority date is current and that an I-485 application can be immediately filed.

Note also that the cut-off dates are specifically categorized for citizens of India, China, Mexico and the Philippines as the demand from citizens of those countries is much higher than others. A foreign national can use the cut-off date for his or her spouse’s country of birth if that date and, at times, that date may be better. For example, an individual born in India might be eligible to apply for permanent residence much sooner if his or her spouse was born in Canada. This relief is known as “cross-chargeability”.

Adjustment of Status Applications (I-485)
(Based on any of the routes to permanent residence outlined above - labor certification, outstanding researcher/professor, skilled worker.)

The final step of the permanent residence process is the foreign national’s application to become a permanent resident. This process may be done at a U.S. consulate abroad, but it often makes sense for a foreign national to apply to adjust to permanent resident status while in the U.S. Depending on the circumstances, individuals in many types of nonimmigrant visa classifications may be eligible to apply for adjustment of status, but their ability to travel abroad may be limited.

As noted above, an applicant is eligible to apply for adjustment of status only when there is an immigrant visa (green card) number available for him or her. If a number is immediately available, the foreign national may submit his or her adjustment of status application (together with any dependents) at the same time that the immigrant visa petition (I-140) is filed.

As part of the adjustment of status application, a foreign national also applies for employment authorization and a travel document (advance parole). The U.S. Citizenship and Immigration Services (USCIS) charges a flat fee for the I-485 filing which includes the cost of these services so, even if they are not going to be used, they should be applied for. The employment authorization and travel document are now renewable, without charge, until the adjustment of status is approved.

• Conrad State 30 Waiver Packet
• H-1B Packet - (Form, sample letter, etc)
• O-1 Packet - (Form, sample letter, etc)
• Permanent Residence Packet (Outstanding Researcher or Professor)
• Permanent Residence Packet (PERM) - Traditional
• Permanent Residence Packet (PERM) - Teaching Faculty Hired in Last 16 Months
• Permanent Residence Packet (RN and Professional Nurses)
• TN Visa Packet - Port of Entry
• TN Visa Packet - Change/Extend Status

For Traditional PERM Cases:

• PERM Questionnaire (for School or Department)
• Education and Experience Worksheet (for Employee)

For Teaching Faculty Hired in Last 16 Months

• Teaching Faculty Posting Notice Template (for School or Department)
• Education and Experience Worksheet (for Employee)

For RN and Professional Nurses

• RN Posting Notice Template (for Medical Center)
• Education and Experience Worksheet (for Employee)

• Non-Immigrant & Immigrant Petition Fee Schedule (Effective 2/15/2008)