Planning for Employment-Based Permanent Residency
Employment-based permanent residency, commonly referred to as the green card process, allows eligible international faculty members to pursue long-term authorization to live and work in the United States.
At CSUSB, permanent residency processes connected to university employment require institutional review and coordination. These processes are complex, highly fact-specific, and may involve outside immigration counsel.
International Student and Scholar Services (ISSS) coordinates CSUSB’s institutional role in employment-based permanent residency matters. Faculty members should work with qualified immigration counsel to evaluate possible immigration pathways and determine which option may be appropriate. Employer-sponsored permanent residency cases are prepared by outside immigration counsel, with ISSS serving as the university liaison.
CSUSB’s Role
CSUSB’s role depends on the immigration pathway selected and the institutional documentation or sponsorship required. University support is not automatic and must be reviewed before CSUSB letters, forms, signatures, or other employer documentation are provided.
For employer-sponsored cases, outside immigration counsel prepares the case. ISSS coordinates the university’s participation and serves as the intermediary among the faculty member, attorney, department, Faculty Affairs and Development, Human Resources, and other campus offices.
- Reviewing the proposed process to determine what CSUSB participation is required;
- Coordinating with the faculty member, outside counsel, department, college, Faculty Affairs and Development, Human Resources, and other university offices;
- Gathering university employment, recruitment, and appointment documentation;
- Coordinating institutional review of employer support letters, forms, and required signatures;
- Confirming appointment information, position details, salary, worksite, and employment terms;
- Advising university parties about institutional procedures and timing; and
- Maintaining appropriate records related to employer-supported processes.
Faculty members should not assume that CSUSB can sign attorney-prepared letters or employer documents without institutional review.
Faculty Special Handling / PERM
PERM labor certification is a process through the U.S. Department of Labor that may be required for certain employment-based permanent residency cases.
For college and university teachers, a process known as “Special Handling” may be available when specific recruitment, selection, and timing requirements are met. This option is time-sensitive and depends on the original faculty recruitment process.
PERM Special Handling may require review of:
- The original job posting or recruitment advertisement;
- Recruitment and selection documentation;
- The final selection date;
- The offer letter;
- The faculty member’s qualifications;
- The department or college hiring record;
- Applicable filing deadlines.
Departments should contact ISSS as early as possible when a newly hired faculty member may need permanent residency support. Delays may affect whether certain options remain available.
EB-1B Outstanding Professor or Researcher
EB-1B is an employer-petitioned category. When a faculty member and their immigration attorney identify EB-1B as a possible strategy, ISSS coordinates the institutional review process and the university documentation and signatures required from CSUSB. The case is prepared by outside immigration counsel.
Eligibility for the classification and CSUSB’s ability to participate are separate determinations. University documentation or signatures will be provided only after the appropriate institutional review.
This category generally requires detailed evidence of the faculty member’s scholarly record, academic contributions, publications, citations, peer review activity, awards, memberships, and other relevant accomplishments.
EB-1 cases often require legal strategy and substantial documentation. CSUSB may need to review and approve any employer support letter or institutional documentation before it is signed or submitted.
Faculty members interested in this category should consult qualified immigration counsel to determine whether they may be eligible.
National Interest Waiver and Self-Petition Options
Some faculty members may explore permanent residency options that do not require traditional employer sponsorship, such as the National Interest Waiver (NIW) or other self-petition categories.
A National Interest Waiver may allow an eligible individual to self-petition without traditional employer sponsorship. The faculty member and their immigration attorney are responsible for evaluating eligibility, selecting the strategy, and preparing the case.
Although CSUSB does not prepare or sponsor a self-petitioned NIW case, university involvement may still be required if the faculty member requests employment verification, an institutional letter, or another document representing CSUSB. ISSS coordinates any required university review before institutional documentation or signatures are provided.
Attorney Involvement
Faculty members may work with qualified immigration counsel to evaluate permanent-residency options and select an appropriate strategy. Employer-sponsored permanent-residency cases are prepared by outside immigration counsel.
ISSS serves as the university liaison for matters requiring CSUSB participation. Depending on the pathway, ISSS may coordinate employment documentation, recruitment records, employer forms, support letters, or authorized university signatures.
An attorney may not make representations on behalf of CSUSB or obtain university signatures without institutional review and authorization.
An attorney can help evaluate:
- Possible permanent residency categories;
- Eligibility and evidentiary strength;
- Timing and filing strategy;
- Costs and attorney fees;
- Impact on dependents;
- Travel or visa considerations;
- Adjustment of status or consular processing options;
- Long-term H-1B extension planning.
If an attorney requests documents or signatures from CSUSB, the faculty member should contact ISSS before asking a department chair, dean, or other university official to sign.
Timing and Long-Term Planning
Permanent residency planning should begin early. Timing may affect both the green card process and the faculty member’s ability to maintain valid nonimmigrant status.
Faculty members and departments should consider:
- H-1B expiration dates and maximum time limits;
- Whether an H-1B extension may be needed;
- Whether an approved Form I-140 may affect future H-1B extension options;
- PERM or recruitment-related filing deadlines;
- Travel plans;
- Dependent family members;
- Attorney processing timelines;
- USCIS and Department of Labor processing times.
Starting early helps reduce the risk of missed deadlines, employment interruptions, or loss of available filing options.
What ISSS Can and Cannot Do
Contact ISSS
Faculty members and departments should contact International Student and Scholar Services as early as possible when employment-based permanent residency support may be needed.
ISSS will review the request, explain the institutional process, and identify any required next steps.