Permanent residency sponsorship is for employees UVM intends to employ indefinitely.
According to UVM policy, only the Provost has the authority to determine whether or not an individual employee will be sponsored by UVM for permanent residency. To avoid misunderstandings arising during the hiring process, no persons associated with the recruitment process should make oral or written representations to any candidate who is a foreign national regarding sponsorship for permanent residence without the advance required approval from the Provost. In addition, regardless of institutional sponsorship under no circumstances should the hiring department make any guarantee of permanent resident status: the decision as to whether to grant a petition is solely within the discretion of immigration authorities.
Permanent residency sponsorship is for employees UVM intends to employ indefinitely. UVM will consider tenure-track faculty for permanent residence sponsorship. UVM will also give sponsorship consideration to faculty who have worked full-time at UVM for a minimum of two years in Research Associate or higher rank and whose employment, including funding, is expected to last at least three years at the time the petition is filed.
Exceptions to the two-year waiting period in the research track will be considered based on factors such as the following: length of time individual will continue to remain eligible for H-1B, the extent to which permanent residency is essential for the individuals’ continued employment or receipt of funding and the consequences to the department or unit if the individual is not sponsored prior to the end of the two-year waiting period.
The Provost will consider exempt staff for sponsorship on a case-by-case basis, with substantial weight given to the availability of funding (in the case of non-General Fund positions) and whether UVM could otherwise recruit qualified candidates in the relevant US labor market. UVM will not consider sponsorship of foreign nationals for employment in part-time, temporary, visiting, post-doctoral or term appointments.
Processing and Timeline FAQs
When should a department apply for permanent residency for an employee?
The permanent residency process should be started within or before the 5th year of H-1B status. For new tenure-track faculty members, the department should contact OIE within 3 months after the employee's arrival at UVM to ensure that the application can be submitted within 18 months of the date of the offer letter. The employment-based permanent residency process can take one to three years to complete.
What costs are involved in sponsoring an employee for permanent residency?
If sponsorship is approved by the Provost, sponsoring departments are required to pay the cost of employer filing fees ($700) and any fees required to hire outside counsel in special circumstances. Optional expedited processing of the employment application for U.S. Citizenship and Immigration Services is $1,410. Departments also may choose to pay the adjustment of status fee, which is considered a personal fee, on behalf of the employee ($1,225), as well as the cost of outside counsel preparing that document (~$1,725); the employer is not permitted to prepare this document.
Post-Approval Next Steps
Employees need to complete a new I-9 based on their new status, and provide a copy of their EAD to the Office of International Education.
Still have questions? Contact us at InternationalScholars@uvm.edu or 802-656-4296.