Office of the Provost
Employment-Based Permanent Residency Policy
In order for UNCG to sponsor a foreign national for employment-based permanent residency (also known as a "green card"), UNCG must have a permanent position which it intends to offer to the employee (or which the employee may already be occupying). "Sponsorship" refers to the act of lending support to an application by means of a permanent job offer. Depending upon the type of position being offered, the background of the foreign national, and the specific type of immigration case which will be required, the University may choose to sponsor or "support" the green card application by signing certain immigration documents verifying that it is offering the employee a permanent position. However, the offer of a "permanent" position to a foreign national does not necessarily commit the University to providing sponsorship for permanent residence. Additionally, sponsorship of a foriegn national for permanent residence doesn't guarantee permanent employment with UNCG- such employees are subject to the same employment policies as other UNCG employees in equivalent positions.
Only Permanent Positions Are Eligible For Sponsorship
University of North Carolina at Greensboro (“UNCG”) is only able to sponsor for permanent residency those employees whose positions meet The United States Citizenship and Immigration Services (“USCIS”) regulations for the definition of "permanent". That is, the position must be:
- Permanent; (i.e., expected to last a minimum of four years into the future); and,
- The employee must intend to remain in the position indefinitely.
If both conditions do not exist and the permanent residency process is nonetheless undertaken, both the employer and the employee may be subject to investigation for fraudulent activity.
Positions Eligible for Sponsorship at UNCG
It is the policy of the University of North Carolina at Greensboro to sponsor only individuals in the following types of positions for lawful permanent residency:
- Teaching faculty positions which qualify for "special handling" of the labor certification under Department of Labor regulations- the Department of Labor applies fewer restrictions to labor certifications for teaching faculty members
- Faculty positions and non-teaching research positions of a permanent nature which qualify for filing under Outstanding Professor or Researcher classification. Foreign nationals who wish to apply for permanent residency based on this option as "Outstanding Professors or Researchers,” must meet certain standards outlined by the USCIS. If these standards are met, no labor certification is necessary from the Department of Labor.
Eligiblity of Sponsorship
The Office of the Provost, after consultation with the department and the employee, shall reserve the right to determine as to whether the case qualifies for UNCG Sponsorship.
Applicant and Department are Responsible for Supplying All Pertinent Information
In all cases, the department and the employee are expected to provide the Office of the Provost with all information and documentation required for preparation of the immigration case as specified under U.S. Immigration law and Department of Labor regulations.
Failure to respond in a timely manner or to provide specific information as requested will jeopardize the residency case and could result in the inability of the Office of the Provost to proceed with the case.
Applicant May Not Retain Outside Counsel
No UNCG employee may sign USCIS Form G-28, Notice of Entry of Appearance as Attorney or Representative, on behalf of the University. All petitions must be prepared and submitted by the Office of the Provost.
Filing Fees and Associated Charges
Payment of USCIS fees associated with the filing of University applications and petitions remain the responsibility of the department.
Authorization to Sign Official Documents
The authority to sign immigration related documents rests exclusively within the Office of the Provost with the primary signatory being the Director of Immigration Services. No persons other than those authorized are permitted to sign immigration documents on behalf of the University of North Carolina at Greensboro.
Beginning the Process
The Department Chair and the employee must complete and sign a "Request for Initiation of a Permanent Residency Procedure for a UNCG Employee" (available from the Office of the Provost). The signature of the Department Chair on the Request Form verifies that the position itself is permanent and that the Department intends to retain the services of the employee on a permanent basis as described elsewhere in this document. The employee's signature certifies that he/she plans to remain in the position indefinitely.
The fully completed, signed form must be submitted to the Office of the Provost. No permanent residency process will commence prior to the receipt of a completed, signed form.
Once the form has been received, the Director of Immigration Services will contact both the department and the employee to request additional information with which to begin an analysis of the immigration case.