Permanent Residency for International Employees

Foreign nationals may apply for U.S. permanent residency ("green card") based on employment in the United States or sponsorship from a family member in the country. Tenure-track faculty employed at the University may choose to apply for permanent residency, through DU sponsorship, in order to secure long-term employment.

H-1B status carries a dual-intent provision that permits visa holders to declare immigrant intent by applying for permanent residency despite the short-term (6 years) employment limit of the H-1B visa. J-1 status carries a non-immigrant intent, which conflicts with the immigrant intent declared by applying for permanent residency.

A scholar's ability to apply for permanent residency will depend on a number of factors, including his or her current immigration status, restrictions applicable from previous immigration statuses, and meeting certain eligibility requirements. In many cases an immigration sponsor, such as an employer or family member, is required.

  • Qualifications for DU Sponsorship

    • Employee must be in or in the process of obtaining immigration status with dual-intent or immigrant intent, such as H-1B. 

    • Must be hired for a “permanent” position at DU. This is a tenure-track faculty position or a position that is expected to be funded indefinitely.

    • Employee must meet all minimum and preferred requirements prior to employment at DU.

  • Timeline for DU Sponsorship
    1. Hiring Department Submits the PR Sponsorship Form to ISSS.
    2. ISSS submits prevailing wage determination with Department of Labor (processing time as of fall 2024 is 6 months).
    3. Department works with HR to conduct a Labor Market Test, if needed (at least 30 days). NOTE: this step is not required if the employee has teaching duties, a national search was conducted during the initial recruitment, and we can file the PERM (step 6) within 18 months of the date of offer.
    4. ISSS prepares a Notice of Filing for the department to post for 10 business days.
    5. 30 day "cooling off" period.
    6. ISSS files the PERM with Department of Labor (processing time as of fall 2024 is 13 months).
    7. ISSS files the I-140 immigrant petition (processing time as of fall 2024 is 8 months).
    8. Employee files the I-485 Adjustment of Status (processing time as of fall 2024 is 42 months). NOTE: The I-485 can be filed once the employee's "priority date" is current (this date is listed on the approved I-140) based on the Visa Bulletin.
    9. Green Card arrives and the employee is a Permanent Resident of the United States!

    This process will take several years. If DU will sponsor the permanent residency petition, it is important to begin by the 4th year of the employee's H-1B status. Once we have the approved I-140, we can extend the H-1B in 3-year increments (even beyond the normal 6-year limit).

  • Labor Market Test or Recruitment Requirements

    Advertisements must include the following:  

    • Name of the employer, job title, job duties, job requirements (minimum and preferred)  
    • Direct applicants to send resumes to the employer.  
    • Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.  
    • The ad must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.  
    • Minimal qualifications which cannot be unduly restrictive.  
    • No closing date for applications. 

    The requirements for the locations of the job advertisements will vary depending on if we use the Standard PERM or Special Handling of PERM.

    For Standard Cases: 

    • Job Order with the Colorado State Workforce Agency (Connecting Colorado) for 30 days AND

    • Two different print editions of the Sunday Denver Post AND

    • 3 Additional Steps (from the following):

      1. DU's website

      2. InsideHigherEd.com

      3. One of the following: 

      • on-campus recruiting (not DU) 
      • trade or professional organization (previous recruitments have used the CO Non-Profit Assoc.) 
      • private employment firm 
      • employee referral program 
      • campus placement office (not DU) 
      • radio or TV ad 
      • local newspaper (this is an option!) 

     

    For Special Handling Cases (teaching faculty):

    • DU’s website AND
    • Copy of at least one national professional journal (such as InsiderHigherEd.com)
  • Costs

    Hiring Unit

    • ISSS fee: $500 (subject to change)
    • USCIS fee for I-140 Immigrant Petition: $715 (subject to change*)
    • Advertising costs (if labor market test is necessary): varies

     

    Foreign National Employee

    • USCIS fee for Adjustment of Status: $1,440 (subject to change*)
    • Optional USCIS fee for advanced parole and work authorization: varies
    • Optional USCIS fee for dependents: $1,440 (subject to change*)
    • Attorney fees, if applicable, for adjustment of status phase: varies

    *Current USCIS fees are listed on the G-1055 Fee Schedule
     

  • Resources and Information for non-DU Sponsorship