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Permanent Resident Petitions


Visa and Immigration Services serves as a liaison with SUNY approved immigration counsel for employment-based permanent residence applications for SBU international faculty in permanent positions at the University. Only tenure-track academic positions or research positions designated as "permanent" and which have the full and unconditional support of the department/college are eligible for permanent residence petitions. Permanent residence applications for other occupational classifications are reviewed on a case-by-case basis. 

To initiate a permanent residence petition the department should submit the Permanent Resident Initiation Request in accessVIS. Departments are required to confirm in accessVIS the source of payment for both the government filing and legal fees. Upon review by Visa and Immigration Services, the request will be forwarded to the SUNY approved immigration counsel, Whiteman, Osterman and Hannah. LLP (WOH). 

The University reserves the right to withhold SBU sponsorship if the applicant does not meet the necessary criteria for an employment-based petition.  Any change in employment status during the application process (reduction of percentage of time, leave of absence, change in job title or duties, or termination) could result in withdrawal of the petition.

Employment-based permanent residence petitions for Stony Brook University must be processed through VIS/WOH.  In compliance with state law, the University does not authorize outside attorneys to represent its interests other than those approved through SUNY. 

For more information on the EB Categories, click here

EB-1 Categories

Description

Evidence

Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal). Does not require sponsorship of SBU.

Outstanding professors and researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.

 

  • Extraordinary Ability: Individual may petition for him/herself by filing a Form I-140, Petition for Alien Worker.
  • Outstanding Professors and Researchers: The Employer must file a Form I-140, Petition for Alien Worker. 

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media 
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 
  • Evidence that your work has been displayed at artistic exhibitions or showcases 
  • Evidence of your performance of a leading or critical role in distinguished organizations 
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement 
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement 
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field 
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

 

 

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