H-1B to Green Card for TU-Sponsored Faculty

Non-immigrant faculty members on H-1B visa need to obtain U.S. Permanent Resident status within the timeframe of their H-1B validity if they are interested in staying with the university and pursuing tenure. H-1B is a non-immigrant status. It is granted in an increment of up to three years, and can be extended for up to three more years. The total stay is limited to six years, regardless of any number of changes in employer during that time. After six years, the employee would need to leave the U.S. for a minimum of one year before qualifying for any further H-1B status. 

The ISSO assists faculty members in obtaining U.S. Permanent Residence status through the Special Handling Labor Certification process for college and university teachers. The PERM Special Handling applies to college or university teaching positions only. There is no set percentage of teaching duties nor does it have to be classroom teaching. Teaching roles that have qualified in the past include and are not limited to librarians, clinical faculty, academic advisors who teach a course, coaches who teach PE, instructional coordinators. “Special Handling” allows the same competitive recruitment process already conducted for the faculty position, to be used in obtaining the labor certification, if obtained within 18 months of the original job offer.

Unlike the H-1B non-immigrant status, which is tied to a specific employer, immigrant status (U.S. Permanent Residence) allows a foreign national to work wherever they would like. If a foreign-national faculty member is interested in and qualified for university tenure, they may wish to request the university to sponsor them for U.S. Permanent Resident status. Most of the costs associated with the application process are the employee's responsibility. It is the University's petition, but the faculty member is the beneficiary. As such, the faculty member is required to work with the university-approved immigration attorney only. All sponsorship cases must be coordinated through the ISSO.

The employer is not obligated to financially assist with the process of petitioning for adjustment to Permanent Resident status, but Towson University will cover all costs and attorney fees for the Labor Certification which establishes eligibility for adjustment to Permanent Resident status. The faculty member is responsible for all additional costs, including attorney fees, petition and filing costs, miscellaneous expenses, etc.

Towson University files the majority of all cases in the second sponsorship category (EB-2), which applies to individuals who are members of the professions holding advanced degrees or who have exceptional ability.

First preference (EB-1) is rarely considered. It requires an exception to policy and a case-by-case review of the applicant's qualifications and credentials. The EB-1 category applies to outstanding professors (or researchers) and individuals with extraordinary ability in the sciences, arts, education, business or athletics. Faculty who believe they qualify for EB-1 preference should contact the ISSO Director.