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Permanent Resident Sponsorship Procedures, Timelines and Fees


  University Applications and Petitions

Complete ETA Form 9089 applications will be reviewed by the FSS Coordinator for accuracy and submitted electronically to the Employment and Training Administration within 30 days of delivery to FSS, if the ETA regulations allow for submission within this time period. If the application packet is incomplete, department/center administrative staff will be contacted within 30 days of delivery of the application to FSS.

Decisions on ETA Form 9089 applications are usually rendered within 90 days of submission to the ETA. If an application is selected for “Audit” by the ETA, a decision on the case will be delayed for a period of approximately 120 days. Case statuses for PLC applications are not available to the public. The Faculty and Scholar Services office will contact the appropriate administrative staff member when a decision on the case has been issued by the ETA.

There are no processing fees associated with filing the ETA Form 9089 application.

The sponsoring department/center submits the I-140 petition packet to FSS. FSS will forward the complete I-140 petition to the USCIS. When the USCIS acknowledges receipt of the Form I-140, FSS will provide a copy of the Receipt Notice to the foreign national via the department/center. Similarly, FSS will provide the department/center and the foreign national with a separate decision notice packet after USCIS renders a decision on the petition. The University considers its activity with regard to sponsorship for permanent resident status complete when the USCIS adjudicates the I-140.

Decisions on Form I-140 petitions are issued by USICS approximately eight to twelve months after submission of the case. Case statuses may be obtained from the USCIS Case Status website after a Receipt Notice, which provides a case number, is issued to FSS.

The processing fee for Form I-140 petitions is $475.00. Responsibility for providing this fee may be accepted by the employee or the employer (department/center). The decision about which party will incur the expense lies with the department/center. If the department/center submits the payment to cover the fee, a University issued check is required. A University check for the processing fee will be issued to the sponsoring department/center after the required procedures are completed and an Invoice and Alternate Check Delivery Form are submitted to the Disbursements office. Visit the Financial and Accounting website for instructions regarding Disbursements.


  Employee Applications

The Application to Adjust Status to Permanent Resident (Form I-485) is the final step in the process required to obtain Permanent Resident status.   If the foreign national chooses to file the Form I-485 (Adjustment of Status) application packet concurrently with the Form I-765 (Employment Authorization Document) and the Form I-131 (Application for Travel Document). FSS will, as a courtesy, submit the I-485, I-765 and I-131 packets with the I-140 petition to USCIS.

Completing the form I-485, I-765 and I-131 is the responsibility of the foreign national, not the responsibility of the department/center or FSS. The foreign national may submit the I-485, I-765 and I-131 applications, personally, at any point in time after the Receipt Notice for the I-140 has been received. For all filing methods, the Receipt Notice and all subsequent correspondence from USICS for the I-485, I-765 and I-131 will be sent to the foreign nationals’ home address, which should be posted on the applicable corresponding application forms. The foreign national may wish to seek legal counsel for assistance in filing the I-485, I-765, and I-131; obtaining legal representation is not required.

Foreign nationals have the option of applying for and holding an Employment Authorization Document (EAD) during the Adjustment of Status process while maintaining H-1B status. As an H-1B status beneficiary, the filing of an application for adjustment of status and the use of the Employment Authorization Document to earn income from the University does prohibit a foreign national from retaining H-1B status. If the foreign national obtains an employment authorization card and uses that card to earn income from an employer other than the University, the University sponsored H-1B status will become invalid. But, the foreign national who holds the employment authorization card is permitted to continue to earn income from the University even when the H-1B status becomes invalid. Still, the International Center recommends that foreign national employees who hold H-1B status maintain H-1B status as long as they are eligible to do so.

   Processing Fees

Form
Fee
Responsible Party
ETA 9089
Permanent Labor Certification
N/A
N/A
I-140
Alien Worker – Immigrant Petition
$475.00
Employer or Employee
I-485
Adjustment of Status to PR
$1010.00
Employee
Optional
I-765
Employment Authorization
$340.00
(if filed separately)
Employee
I-131
Travel Authorization
$305.00
(if filed separately)
Employee

USCIS Premium Processing Service

United States Citizenship & Immigration Services (USCIS) offers a filing option that provides expedited processing of I-140 cases for an additional fee in the amount of $1,000. According to the USCIS website, ” The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of the Request for Premium Processing Service form, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.”

Either the department or the beneficiary may pay the premium processing fee. Premium processing can be requested for a petition that was filed previously, if a notice of action (Form I-797) that posts the USCIS issued receipt number has been received by the Faculty and Scholar Services office. Detailed information regarding premium processing service is posted on the USCIS website.

Visit the Financial and Accounting website for instructions regarding Disbursements.