Frequently Asked Questions about Permanent Residence

Comparison of Permanent Residence Categories

Element
EB-1B
EB-2 Special Handling
EB-2 National Interest Waiver
EB-2 or EB-3 Standard Labor Certification
Nature of Relationship to Purdue

 The foreign worker must be

  • a professional employee of Purdue (i.e. not holding student employment)
  • Employed on a fulltime basis

The foreign worker must be

  • a professional employee of Purdue (i.e. not holding student employment)
  • Employed on a fulltime basis
For Purdue to sponsor the NIW petition, the foreign worker must be
  • a professional employee of Purdue (i.e. not holding student employment)
  • Employed on a fulltime basis.

Individuals also may "self-sponsor" a NIW petition for themselves, without Purdue's involvement.

The foreign worker must be

  • a professional employee of Purdue (i.e. not holding student employment)
  • Employed on a fulltime basis
Required Government Submissions / Forms
  • Form I-140 petition

  • Form I-485 Application to Adjust Status

  • Form 9141 Request for Prevailing Wage Determination

  • Form 9089 Application for Alien Employment Certification

  • Form I-140 petition

  • Form I-485 Application to Adjust Status

  • Form ETA 9089 Application for Alien Employment Certification or Application for Alien Employment Certification Form ETA-750B  (draft only - not independently submitted)

  • Form I-140 petition

  • Form I-485 Application to Adjust Status

  • Form 9141 Request for Prevailing Wage Determination

  • Form 9089 Application for Alien Employment Certification

  • Labor Market Test

  • Form I-140 petition

    • Form I-485 Application to Adjust Status

Requirements
  • International recognition for your outstanding achievements in a particular academic field

  • 3 years experience in teaching or research within that same academic field

  • The position requires, and you have, a level of education that is at least the equivalent of a US master's degree in a field related to the work being done

  • Offer of tenured- tenure-track or equivalently longterm employment at a university or research institution

  • Satisfaction of not less than 2 of 6 possible forms of evidence

    • There must be individual demonstration that the evidence meets the regulations, and

    • The totality of the evidence, when viewed as a whole, must support a conclusion that you are recognized internationally as outstanding in your field

  • The position involves teaching or instruction

  • You satisfy all requirements for the opportunity, as listed in the ad or posting that originally presented the opportunity to the US labor market

  • The position requires, and you have, a level of education that is at least the equivalent of a US master's degree in a not less than a master's degree

  • The position requires, and you have, a level of education that is at least the equivalent of a US master's degree in a not less than a master's degree

  • The opportunity has both substantial merit and national importance.

  • Your qualifications enable you to advance the proposed endeavor.

  • There is more benefit to retaining you and your unique qualifications in preserving this opportunity for presentation to the US labor market and the possibility of a minimally qualified US worker

  • A minimally qualified US worker is not available for the position

  • You are qualified for the position in terms of the education, experience and other requirements

  • Your satisfaction of all requirements can be documented

Timeline
  • Preparation of the EB-1B is complex and requires close collaboration between the Purdue employee (you) and the law firm processing the case.

  • In most cases, preparation tends to be at least 4 - 6 months. In some cases it can exceed 1 year.

  • USCIS processing is posted here. Note-

    • The Form is I-140

    • The Category is Outstanding professor or research (E12)

    • The Service Center is Nebraska

  • The 9141 is submitted to the DOL. Processing times are posted here. Scroll down to "Prevailing Wage Determination Processing Times" - "PERM" - "Average Calendar Days"

  • The 9089 is also submitted to the DOL. Processing times are posted here. Scroll down to "PERM Processing Times" - "Average Number of Days to Process PERM Applications"

  • The Form I-140 is posted with the USCIS. USCIS processing times are posted here. Note-

    • The Form is I-140, 

    • The Category is Advanced Degree  (E21)

    • The Service Center is Nebraska

  • Preparation of the NIW is complex and requires close collaboration between the Purdue employee (you) and the law firm processing the case.

  • In most cases, preparation tends to be at least 4 - 6 months. In some cases it can exceed 1 year.

  • Either a Form 9089 or a Form 750B must be drafted, but is not submitted to DOL. Instead, that is included as a document in with the I-140 petition

  • USCIS processing is posted here. Note-

    • The Form is I-140

    • The Category is Outstanding professor or research (E12)

    • The Service Center is Nebraska

  • The 9141 is submitted to the DOL. Processing times are posted here. Scroll down to "Prevailing Wage Determination Processing Times" - "PERM" - "Average Calendar Days"

  • The 9089 is also submitted to the DOL. Processing times are posted here. Scroll down to "PERM Processing Times" - "Average Number of Days to Process PERM Applications"

  • The Form I-140 is posted with the USCIS. USCIS processing times are posted here. Note-

    • The Form is I-140, 

    • The Category is Advanced Degree  (E21)

    • The Service Center is Nebraska

Who files with the government?

By law, the petitioner is the employer. Purdue University's ISS office must coordinate EB-1B petitions. This category of permanent residence may not be self-sponsored by the individual.

By law, the petitioner is the employer. Purdue University's ISS office must coordinate this category of permanent residence process. This category of permanent residence may be self-sponsored by the individual.

The individual may choose to self sponsor this category of permanent residence, if desired. Purdue University may also choose to sponsor an employee or faculty member of this category of permanent residence. 

By law, the petitioner is the employer. Purdue University's ISS office must coordinate this category of permanent residence process. This category of permanent residence may be self-sponsored by the individual.