Permanent Residence

Outstanding Researcher

Overview:

One pathway to permanent residence is call "Outstanding Researcher". The documentation and evidence submitted for this type of petition must show that the foreign worker is well-recognized internationally as an outstanding researcher in the field of endeavor. Although a foreign worker must be employed at the University of Arkansas, the University of Arkansas does not need to file a Labor Certification for the Outstanding Researcher petition.

Minimum Qualifications:

The outstanding research petition requires that the foreign worker becurrently employed in a permanent position such as a tenured or tenured track position OR a position in which the department intends to employ the worker for the foreseeable future. The position cannot have a specified end date and cannot be seasonal or intermittent. The foreign worker must also have at least three years of experience in research in the academic field.

1. Evidence that the foreign worked meets the minimum qualifications
   • Letter from the University of Arkansas department head that indicates that the position is tenure track or that employment is for the foreseeable future, date of hire, current salary, job duties, and support for the outstanding research petition.
   • Letter from former employers, if employment at the University of Arkansas is less than three years, shall include the name, address, and title of the writer, specific description of the duties performed by the foreign worker, and the actual beginning and ending dates of employment. Employment during the time of obtaining an advanced degree will only be acceptable if the foreign worker has acquired the degree and the research conducted toward the degree has been recognized within the academic field as outstanding.
2. Evidence that the foreign worker is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:
   • Documentation of the receipt of major prizes or awards for outstanding achievement in the academic field.
   • Documentation of membership in associations in the academic field which require outstanding achievements of their members.
   • Published material in professional publications written by others about the foreign worker's research in the academic field. Such materials must include the title, date, and author of the material, and any necessary translation.
   • Evidence of participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
   • Evidence of original scientific or scholarly research contributions to the academic field (refer to example of expert letters), or
   • List of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. The evidence MUST include impact ratings for the journals that published the articles over the past 3 years. The impact factors are listed in the printed Journal Citation Reports which are kept at the reference desk in Mullins.

Additional documents needed from the foreign worker for the petition:

• Copy of current resume.
• Copy of identification page and expiration of passport for worker and dependents (including U.S. citizen spouse and children)
• Copy of current I-94, visa, immigration documents
• Copy of degree confirmations and transcripts for all degrees:
  • Original language
  • English translation if needed
  • U.S. equivalency if highest degree is not from U.S.
• Copy of the original letter of offer from your current department
• Supplemental document with the following information:
  • Current residential address in the U.S.
  • Day time phone number and email address
  • Current social security number
  • City, state/province/region and country of birth
  • Country of last residence outside the United States
  • Former Address in home country
• I-140 petition fee

Other Pathways

List of pathways that do not require University of Arkansas sponsorship:

• EB1 - Extraordinary Ability
• EB2 - National Interest Waiver
• Family based petitions
• Visa lottery

Standard Recruitment

Recruitment and Selection Procedures

To Meet the Requirements of the Permanent Labor Certification (PERM) Process

There are many pathways to permanent residency (sometimes referred to as “a green card”) for a non-immigrant in the United States. Labor Certification is the first step in one of the employment pathways to permanent residency.

In order to qualify for Labor Certification, the job must be:

• Located in the United States
• Permanent – the University must intend to employ the applicant for the foreseeable future. The position cannot have a specified end date and cannot be seasonal or intermittent
• Full-time
• A bona fide job opportunity
• Offer prevailing wages and working conditions

University of Arkansas departments who are sponsoring an employee for Labor Certification should be aware that the U.S. Department of Labor’s review process can be very stringent. Even carefully-structured labor certification applications may be rejected by the Department of Labor based on a variety of technical or substantive grounds.

Why recruit?

When the University of Arkansas petitions for U.S. permanent residency for a non-immigrant University employee, the department must recruit for applicants in specific and Department of Labor approved ways. With respect to non-teaching positions, in order for the non-immigrant to qualify for permanent labor certification, the University must establish that there are no U.S. workers who meet the University’s minimum qualifications and who are available for the position. The recruitment process is done to gather applications of those candidates who are willing to work at the University of Arkansas and who meet the minimum qualifications for the job.

How does the recruitment process affect the non-immigrant employee?

Even though a qualified U.S. worker applies in response to one of the advertisements, the department still has the ability to choose which candidate to hire based on the strength of qualifications. If the department wants to continue the employment of the non-immigrant, because that person is the best qualified for the position, that is the department’s choice. However, if a U.S. worker who meets the minimum qualifications applies, the application for Labor Certification cannot go forward at that time. The department can recruit for the position at a later time, but for the time being, the permanent labor certification process is stopped.

Can I make the job requirements fit the current employee’s qualifications?

The recruitment process cannot be manipulated by making the advertisement fit the exact qualifications of the non-immigrant University employee. Nor can the non-immigrant employee qualify for the position with experience gained while employed in the current position at the University. Instead, the job requirements must be based on the legitimate, job-related, minimum qualifications for the position, including:

• Minimum education
• Minimum training
• Minimum experience
• Other special requirements such as Knowledge, Skills and Abilities (SKAs).

The ad used to recruit may be brief, but there are some required elements. We will work together to create the content of the ads placed in connection with an application for labor certification under PERM.

How do we determine the prevailing wage?

Before placing the required advertisements, the University must obtain a prevailing wage rate for the position from the U.S. Department of Labor.

• The department should identify and update the position in Worday in which the employee will be seated when permanent residence is approved
• The University of Arkansas will then file the Prevailing Wage Request form with the U.S. Department of Labor using the information found in Workday.
• Once the Prevailing Wage has been determined, the position will move forward with the recruitment process. If the applicant’s salary is less than 100% of the prevailing wage, the department must guarantee to raise the employee's wages to the prevailing wage level at the time of the adjustment of status to permanent resident, or the PERM process cannot continue.

What advertising must the department do?

• Post a notice in several locations in the department where the applicant works for at least two weeks. The Office of the Associate General Counsel will provide a copy of the required posting. The department will have to certify the dates when the notice was posted, where it was posted and that it remained unobstructed throughout the posting period. Please post in at least 2 locations. One posting is normally where you have other wage and hour postings from HR.
• List the position on the University’s Website. The Office of the Associate General Counsel's office will need a copy of the website on which the position is announced.
• Place (and pay for) an advertisement for two consecutive Sundays in a newspaper with general circulation in the area of intended employment. Currently, the newspaper which fit this description is The Arkansas Democrat-Gazette. The address is:
  
  The Arkansas Democrat-Gazette
  Fayetteville Office
  212 North East Avenue
  Phone: 479-718-0854
  Email: addirector@nwaonline.net
  http://www.nwanews.com/
  Classified: 479-571-6400

The department does not need to use a display ad and should request the least expensive format available. Be certain to save original pages from the newspaper for each of the two Sundays with your ad circled. You can ask the newspapers for tear-sheets.

• The department must also engage in one separate additional recruitment step out of a list of eight options permitted by U.S. Department of Labor regulations. While all of the following options are listed under the regulations, DOL may not accept certain methods considering the nature of the position to be filled. Please let ISS know before you place any ads so ISS can review whether your choice will likely be acceptable to DOL.

The other choices, from which you must select one, are as follows

• Trade or professional organizations: You can recruit by placing an ad in an appropriate newsletter or journal for the applicant’s occupation. Save an original page from the publication containing the ad. This is the most appropriate method of advertising for professional positions.
• Job fairs: If the University participates in a job fair, the position can be advertised at the fair. Documentation can be brochures advertising the fair and listing the University as a participant or newspaper ads listing the University as a participant. Check with Human Resources to see if a recruitment fair is upcoming.
• On-campus recruiting: If the department where the applicant is employed goes to other campuses to recruit and conduct interviews, the position can be listed at that time. Document that you have recruited at another campus by providing a copy of the posting of that campus placement office noting the University as a recruiter and the date you conducted interviews.
• Campus placement offices: You may list the position with Career Development. If you do so, you must document that you have done so by providing fliers, posters, or other materials about the position distributed by Career Development.
• Local and ethnic newspapers: The JobGuide may be the least expensive local choice for the third ad.
  • If you use this source, save an original page from the publication containing your ad.

• Private employment firms
• Employee referral program with incentives
• The last of the eight choices is radio and TV advertisements. These are usually prohibitively expensive

In all cases, the text of the ad that we work on together should be used for the ads.

The Office of the Associate General Counsel will make screen shots to verify ads have been placed in the following places for at least 30 days:

• University website
• HigherEdJobs.com
• Arkansas Department of Workforce Services

What must the department do after the ads are placed?

Timely acknowledgement and consideration of all qualified applicants is a vital part of the process. You should immediately acknowledge by email the receipt of each application.

Within two weeks of the receipt of an application, review the resume and make a determination if the applicant meets the required qualifications. Assess each applicant’s qualifications objectively, in light of the minimum job qualifications advertised for the position. Objectively assess each applicant’s availability for the position. Reject U.S. workers only for legitimate, job-related reasons, such as (but not limited to):

Not having the required minimum education, training, or experience;

Factors that may adversely affect the applicant’s ability to do the job (e.g., poor work references, lack of English proficiency (if necessary));Race, religion, national origin, gender, disability, etc. cannot be used as legitimate factors to disqualify applicants.

Make follow-up contact, as soon as possible, with all applicants who, on the basis of their application, appear to meet the minimum qualifications advertised for the position, to notify them that they are under consideration.

If you are uncertain whether an applicant meets minimum qualifications, it is prudent to conduct a phone interview to determine qualifications. Document each attempt to call.

If you cannot reach the applicant by telephone or e-mail, send a letter via certified mail requesting that the applicant contact you to arrange a phone interview.

A qualified U.S. worker who withdraws from consideration due to lack of timely follow-up by the University may jeopardize the labor certification process, so it is important to schedule the recruitment process at a time when key individuals in the hiring process will be available to take all necessary actions on a prompt basis.

In addition, note that communications which may be interpreted to signal a lack of bona fide interest by the University or as intended to discourage a qualified candidate may jeopardize the labor certification process. ISS is available to provide sample language to use in communications with applicants, including with respect to eligibility to work in the U.S.

The Office of the Associate General Counsel will prepare a recruitment report for the Department Head to sign, describing, in detail, the recruitment steps taken and the results, including the legitimate, job-related reason for rejecting each U.S. worker who applies but is not selected.

Sign the report and send it to the Office of the Associate General Counsel, along with all resumes or applications you received, correspondence with applicants, the job posting from the department, and evidence of the ads placed by the department.

The recruitment report and all records (such as e-mail communications with applicants) will become part of the documentation included in the applicant’s file. The file will be available to U.S. Department of Labor officials if the labor certification application is audited, and will be retained in the the Office of the Associate General Counsel for a minimum of five years. Note that audits of labor certification requests are common and so careful documentation of all steps in the recruitment process is essential.

What documentation must the employee provide for the Labor Certification process?

• Copy of the ID page of a valid passport
• Copy of the most recent I-94 to show the last status admitted to the U.S.
• Copy of the transcript/diploma of the degree used to obtain the position
• Updated resume that includes the current employment at the University of Arkansas

Special Handling Labor Certification

Recruitment and Selection Procedures

For Teachers/Professors to Meet the Requirements of the Permanent Labor Certification (PERM) Process

There are many pathways to permanent residency (sometimes referred to as “a green card”) for a non-immigrant in the United States. Labor Certification is the first step in one of the employment pathways to permanent residency.
In order to qualify for Labor Certification, the job must be:

• Located in the United States
• Permanent – the University must intend to employ the applicant for the foreseeable future. The position cannot have a specified end date and cannot be seasonal or intermittent
• Full-time
• A bona fide job opportunity
• Offer prevailing wages and working conditions

University of Arkansas departments who are sponsoring an employee for Labor Certification should be aware that the U.S. Department of Labor’s review process can be very stringent. Even carefully-structured labor certification applications may be rejected by the Department of Labor based on a variety of technical or substantive grounds.

Why recruit?

When the University of Arkansas petitions for U.S. permanent residency for a non-immigrant University employee, the department must recruit for applicants in specific and Department of Labor approved ways. With respect to teaching positions, an advertisement in a nationally distributed professional journal is required in order for the non-immigrant to qualify for permanent labor certification. Through the selection process, the University must establish that the non-immigrant employee was more qualified than all other US worker applicants. The recruitment process is done to gather applications of those candidates who are willing to work at the University of Arkansas and who meet the minimum qualifications for the job.

If you have already selected a non-immigrant employee for the teaching position through a national search, there is an 18 month window to file the Labor Certification calculated from the point of the selection of the employee. We use the date of the offer letter to verify the selection date.

How do we determine the prevailing wage?

Before submitting the Labor Certification, the University must obtain a prevailing wage rate for the position from the U.S. Department of Labor. The Office of the Associate General Counsel (OAGC) office will submit the request for a prevailing wage determination. If the applicant’s salary is less than 100% of the prevailing wage, it must be raised to the prevailing wage, or the PERM process cannot continue.

What documentation of the advertising must the department provide?

For positions with teaching responsibilities, you will need to provide OAGC with the following:

• A copy of the ad placed in the national professional journal with confirmation of the exact dates of the posting.
• A copy of the posting of the position on the University’s Employment Opportunities web site with confirmation of the exact dates of the posting.
• A copy of the “Recruitment Plan Form” and the “Recruitment Summary Form” that was submitted to the Office of Equal Opportunity and Compliance.
• Representative copy of correspondences to colleagues and institutions informing them of the open position.

What additional documentation must the department provide for the Labor Certification process?

• Data collection forms from both the department and the employee. The forms can be obtained from the isslink.uark.edu.
• Resumes of each applicant. This can be in electronic format such as a CD or thumb drive.
• A copy of the correspondence that went out to each applicant acknowledging receipt of the application, acknowledging any delays in the review process, and informing applicants of the selection of the employee.
• A copy of the Applicant Worksheet that was submitted to the Office of Equal Opportunity and Compliance at the time of the job offer.
• A copy of the Summary of the Interviews that was submitted to the Office of Equal Opportunity and Compliance at the time of the job offer.
• If not mentioned in the Worksheet or the Summary of Interviews, a statement from the Search Committee how the employee was more qualified than each of the other applicants.
• Copy of the job offer letter, signed by Dean and the employee.

What documentation must the employee provide for the Labor Certification process?

• Copy of the ID page of the passport
• Copy of the most recent I-94 to show the last status admitted to the U.S.
• Copy of the transcript/diploma of the degree used to obtain the position
• Updated resume that includes the current employment at the University of Arkansas

What are the steps after these documents are provided to ISS

1. OAGC will submit a prevailing wage request to the U.S. Department of Labor.
2. OAGC will provide the department with an Internal Posting Document that will need to remain posted for 2 weeks in the department and then returned to the OAGC .
3. Once the prevailing wage request and postings are returned to OAGC, OAGC will create the Labor Certification Recruitment Report. The department head will edit as needed, print the document on departmental letter head, sign the report and return it to OAGC .
4. OAGC will file the Labor Certification to the U.S. Department of Labor.
5. If approved, OAGC will file the I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services.

The recruitment report and all records) will become part of the documentation included in the applicant’s file. The file will be available to U.S. Department of Labor officials if the labor certification application is audited, and will be retained in the OAGC for a minimum of five years. Note that audits of labor certification requests are common and so careful documentation of all steps in the recruitment process is essential.

Adjustment of Status

Adjustment of status is the last step in the permanent residency process. Foreign Workers will be filing the adjustment of status application directly with the US Citizenship and Immigration Services. Documents required by USCIS can change, so applicants should always check with USCIS.gov to gain the most current application information. A qualified immigration attorney will be able to assist if there are questions about eligibility to adjust to permanent resident. Once the foreign worker receives evidence of permanent residence, the worker will need to provide ISS and UA Human Resources with a copy of the “green card”.

The list below includes many of the documents required by USCIS to consider an applicant for adjustment of status. Applicants should always verify with the USCIS website for specific documents needed for individual circumstances:

• Form I-485 (Application to Register Permanent Residence or Adjust Status) for each family member
• I-485 fee - Go to the USCIS Web site for current I-485 fee and form information and information about the biometric fee.
• Form I-765 Application for employment authorization
• Form I-131 Application for Travel Document
• Form I-693 medical exam and Form I-693 supplement for each family member (X-ray report and serology not needed for children under the age of 14), completed and sealed by a Designated Civil Surgeon
  • Designated Civil Surgeon Locator
• Copy of approval notice (Form I-797) of I-140 immigrant petition for alien worker
• For prior exchange visitors who were subject to the I.N.A. § 212(e) two year home country physical presence requirement, a copy of the INS or USCIS approval of a waiver of that requirement, or the letter from the Department of State (DOS) recommending a waiver
• Letter of support from department chair verifying the title, rate of pay, and permanent nature of the position.
• Two photos of each family member that meet USCIS Photo Guidelines, with name, Social Security Number, and I-94 number written on the back in pencil
• Copy of birth certificate for each family member with translation if not in English
• Copy of marriage certificate with translation if not in English, for derivative spouses
• Copy of divorce or death certificates from previous marriages with translation if not in English
• Copy of all passports held while present in the United States (introductory and any and all stamped pages)
• Copy of Form I-94 (print electronic version from http://www.cbp.gov/i94), and evidence of having maintained an uninterrupted nonimmigrant status at all times while in the United States (e.g. I-20s [F-1], IAP-66s and DS-2019s [J-1], I-797s [H-1B] and other employment-based categories], employment authorization documents, etc.)
• For individuals who have held F-1 or J-1 student status, a copy of transcripts for entire period of study in the United States

Once the application(s) have been accepted by USCIS, they will send notification of date and place for fingerprints to be taken

• **Form I-864 (Affidavit of Support), notarized, completed by principal applicant for spouse and each child (attach additional documentation as described in the I-864 instructions) –
  • This form is not required for every application.
  • Be sure to carefully read the instructions to see if you are required to submit this form.