PERM CERT

for faculty
(employment based
permanent residency)
General Standards for Hiring an International Faculty
Department secures approval for hiring search (in the usual manner)
Hiring department ensures recruitment meets minimum standards that can be used
later for a PR application (using PERM special handling) should an international be
hired.
In addition to any current hiring requirements, the standards include:
Placing at least one print advertisement in a national professional journal
Note: This cannot be an electronic posting for the position
The Print and Copy must show the name and date of the publication
The Print ad must include: 1) the Job Title, 2) Job Duties, 3) Minimum Education, 4)
Experience required (if any) and the 5) Name of the University and contact info.
Faculty requests PR processing based on PERM Special Handling within 15 months
of the date of selection or sooner. PERM must be filed no later than 18 months after
the date of selection so at least 3 months is required to prepare the application for
filing.
Is university-sponsored
PERM/Special Handling an
appropriate option?
Faculty member explores other
visa options in consultation with
hiring department and attorney's
office.
No
Yes
Rev. November 18, 2009
1 of 3
Hiring New
international
Faculty
Current
international
Faculty
Other non-immigrant related steps:
Department Chair initiates paperwork, approvals, details, recommendations for
appointment, PA form, etc.
Dean's office requests permission from the Provost to make the informal offer, writes
Dean's memo of approval to departmental chair, PA form signed
Paperwork sent to the Affirmative Action Office
With approval from Provost, informal letter sent to candidate. Returned offer signed by
candidate sent to Provost. President send official offer letter
Department sends forms to Dean's office for review and approval.
OISS is informed of permanent residency request and advises department or visitor, as necessary.
Faculty member consults with pre-approved immigration law firm. Note: Utilization of law firms that have not been pre-approved need to
be cleared though the General Counsel's office.
Law firm discusses with employee and/or spouse which venue works best for applying for permanent residency, as well as the
processes: PERM/Special Handling (using valid recruitment) & Basic PERM (using new recruitment with "best qualified" standard),
Outstanding Professor or Researcher, Extraordinary Ability or National Interest Waiver.
Immigration attorney sends employee questionnaire to employee for completion and an employer questionnaire and document list to
hiring department for completion.
Special tax note: Rice
financed support for PR
applications based on
employee-based sponsorship
will be taxed at 30%, as IRS
considers it to be income.
Payment request must be
noted as "self sponsored PR'
for processing.
HR will post PERM posting notice in the Rice Memorial Center for 10 business days; after the posting period is done, the Director of
Recruitment will sign the Posting Notice and send it back to the Immigration Attorney's office.
Attorney's office prepares draft ETA 9089 and will send to department for approval. Attorney's office will prepare Posting Notice and
send to HR for posting. Attorney's office will also prepare support letter and description of recruitment to dept for review and signature.
Employee completes
forms/documentation and returns
the packet to the immigration
attorney's office.
Hiring department downloads, and signs
the "Employer-Sponsored Permanent
Residency for Faculty Approval Form"
(downloaded from HR web site)
Important Notice: Without prior receipt
of the "Employer-Sponsored Permanent
Residency for Faculty Approval Form",
Director of Recruitment is unable to send
approval to DOL, thus potentially
dismissing the entire PR case.
Copy of all previously completed documentation is sent to the Manager of Faculty Affairs in the Office of the Provost to go in the faculty
file.
When all legal requirements are complete, immigration attorney's office will submit electronically the completed PERM Labor
Certification Packet (ETA 9089) to DOL.
The ETA 9089 Form is "certified" (stamped) and returned to the immigration attorney's office.
Is PERM approved?
Faculty pursues other
options.
No
Yes
DOL will send an e-mail alert to Director of Recruitment that PERM certification is filed and asking RICE to complete the questionnaire
verifying PERM sponsorship. HR must complete DOL's questionnaire as soon as possible, no more than 7 calendar days. HR Director
will hold on to "Employer-Sponsored Permanent Residency for Faculty Approval Form" until this time.
PERM CERT
for faculty
(employment based
permanent residency)
Hiring department immediately sends
approved form to HR Director of
Recruitment. HR Director will hold on to
form in pending file until DOL PERM
confirmation e-mail is received.
Questionnaire and Document list are completed and
approved by departmental chair, and returned to attorney.
Rev. November 18, 2009
2 of 3
Chair. & Dean/VP agree to sponsor and
commit to paying fees associated with
PERM application from departmental
funds as stipulated by law and provide the
supporting documentation.
**HR Services and Payroll are located in Memorial Hermann Medical Plaza on the 26th Floor.
**PERM audit file maintained and retained for review for 5 years in attorney's office.
Dept.
Process
HR
Staff
Immigration Attorney
Govt.
Employee awaits approval of I-485 (Adjustment of Status)
form and of Permanent Resident (PR) Card. Length of wait
depends on future movement in visa bulletin and USCIS
processing times.
Upon receipt of PR card, employee must visit the HR Services office to complete new
I-9 Work Authorization Form and Payroll office to present their PR card in order to gain
immigrant tax status. **
NOTE: If a faculty member is not new to Rice, and is changing from non-immigrant visa
status, he/she must bring proof of PR to OISS to update the non-immigrant record.
Immigration attorney's office sends I-140 and I-485 to USCIS
along with certified ETA Form 9089.
If there are no visas available (priority date is not current,
backlog exists and visa bulletin is showing unavailable)
then immigration attorney's office prepares only the I-140
form (Immigration to Petition for Alien Worker) sends it to
department for review and signature and then files with
USCIS.
PERM CERT
for faculty
(employment based
permanent residency)
Employee and attorney's office will check bulletin monthly
until priority date is current.
Once priority date becomes current, immigration attorney's
office prepares I-485 and sends it to employee for review
and then files with USCIS.
Rev. November 18, 2009 3 of 3
If there are visas available (priority date is current, no backlog)
in an employee's preference category, the immigration
attorney's office prepares the I-140 form (Immigration to
Petition for Alien Worker) and I-485 [(Adjustment of Status)
employee & family] for concurrent filing and sends I-140 to HR
for review and approval; and I-485 to employee.
HR approves and returns
I-140 form to immigration
attorney's office.
Employee approves and
returns I-486 form to
immigration attorney's
office.