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Permanent Resident/EB-1

  • Types of Petitions

    Types of 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.

    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.  In compliance with state law, the University does not authorize outside attorneys to represent its interests other than those approved through SUNY.

    EB-1 Categories Description Evidence Who Can Petition?
    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, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal). Does not require sponsorship of SBU. The individual may petition for themselves by filing a Form I-140, Petition for Alien Worker.
    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 of the listed criteria and an offer of employment from the prospective U.S. employer. The Employer must file a Form I-140, Petition for Alien Worker.
  • Criteria for Extraordinary Ability

    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.
  • Criteria for an Outstanding Professor/Researcher

    Criteria for 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.
  • Initiating a Request

    Initiating a Request


    In an effort to ensure the most appropriate and efficient immigration document processing of our International Faculty and Scholars, these requests are referred for processing by the SUNY-approved immigration counsel firm. This allows us to take advantage of experienced immigration counsel, and give departments high-level service in dealing with the intricacies of these petitions.  

    The immigration counsel firm charges a legal fee  of $2,000-$4,000 depending on the particular process in addition to the standard government filing fees.

    Step 1: Confirm the prospective employee has an Employee ID
    Step 2: Check that all information in PeopleSoft is correct
    Step 3: Prepare the required documents
    Step 4: Initiate the Immigration Counsel Referral request
    Step 5: Wait for the employee to submit their biographical information
    Step 6: Screening against Deemed Export Controls
    Step 7: VIS will conduct a preliminary review

     

    All employment based Permanent Resident Petitions are referred to SUNY approved immigration counsel; however departments and/or employees are not permitted to contact SUNY approved counsel without a prior referral from VIS.

  • Legal and Filing Fees

    Legal and Filing Fees


    In terms of what the costs would be for a PR process, it’d depend on if it’s an EB-1 process or a PERM (EB-2 or EB-3). Harris Beach will assess the employee’s options and best path to permanent residency accordingly and notify the department/employee before proceeding to make sure all parties are on the same page. The relevant costs would be as follows:

    EB-1

    All costs could be paid by either the employer, or the employee, or any combination thereof.

    • Legal fee for EB-1 petition: $4,200
    • USCIS filing fee for Form I-140: $700
    • Legal fee for I-485 adjustment of status application: $1,575 for primary applicant/employee; $1,050 per additional family member
    • USCIS filing fee for Form I-485: $1,225 per person ($750 per person for children under age 14)
    PERM/EB-2/EB-3
    • Legal fee for PERM labor certification process: $2,100 (*must be paid by the sponsoring employer, by law)
    • Additional costs for placing required ads to test the labor market (*must be paid by the sponsoring employer, by law)
    • Legal fee for EB-2/EB-3 I-140 petition: $1,575
    • USCIS filing fee for Form I-140: $700
    • Legal fee for I-485 adjustment of status application: $1,575 for primary applicant/employee; $1,050 per additional family member
    • USCIS filing fee for Form I-485: $1,225 per person ($750 per person for children under age 14)