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Permanent Resident

  • 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.

    To initiate a permanent residence petition the department should submit the Immigration Counsel Referral request in accessVIS. Departments are required to confirm in accessVIS the source of payment for both the government filing and legal fees. Upon review by Visa and Immigration Services, the request will be forwarded to the SUNY approved immigration counsel.

    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* below, 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 him/herself 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 listed below** 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 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 Demonstrating 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


    Overview


    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 allow 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.

    Departments wishing to support a foreign national employee for employment-based permanent residence must submit the Immigration Counsel Referral request in accessVIS. This request requires Dean  (or equivalent) approval, as well as screening against federal export control lists.

    Initiating a Request

    Step 1: Confirm the Prospective Employee has an Empl ID
    • Confirm the prospective employee has an Empl ID (Stony Brook ID#) in PeopleSoft.  If creating the ID, allow 24-hours for the profile to be updated in accessVIS before initiating the request.
    • Employee’s date of birth and citizenship (must indicate “Alien Temporary”) are correct in PeopleSoft - incorrect information will affect the employee’s ability to login.
    • Confirm the employee’s email is up-to-date in PeopleSoft. 
    Step 2: Prepare Required Documents for Upload

    In order to submit the Immigration Counsel Referral Request successfully, you will need scanned copies of the following documents. Documents uploaded in accessVIS must be in PDF format. Files exceeding 100MB must be compressed before uploading to avoid an error message.

    • Letter of Offer/Employment Contract
    • Description of proposed duties (i.e. personnel requisition)
    Step 3: Submit the Immigration Counsel Referral Request

    Submit the Immigration Counsel Referral request form in accessVIS so we can begin the process of collecting the initial information required for the referral.  Upon submission of this form, an email will be sent to the Dean (or equivalent) of your unit to certify their acknowledgment of the College/Division's willingness to comply with the conditions noted in the Labor Condition Application.

    1. Click here, or enter https://vis.stonybrook.edu in your browser.
    2. Login using your netID and password.
    3. Expand the Departmental Services window (located on left menu bar), and select Immigration Counsel Referral.
    4. Enter the prospective employee’s Stony Brook ID# and date of birth. 
    Step 4: Employee Biographical Information

    Upon submission of the Immigration Counsel Referral request form in accessVIS, the employee will receive an email prompting them to submit their portion of the request in accessVIS. Once the employee has submitted the Employee Biographical Information eform, VIS will request for the employee to be screened against Deemed Export Controls. 

    Initial Review by Visa and Immigration Services (VIS)

    Upon submission of all required forms the department will be notified and the request will be assigned to an International Scholar and Faculty Advisor for review. Please allow 5-7 business days for review. Should the advisor have any questions, they will contact you directly.

    Once the application is completed and referred, the employee will receive communication directly from the SUNY Immigration Counsel firm. 

    Referred to SUNY-Approved Immigration Counsel

    Once the application is completed and referred, the employee will receive communication directly from the SUNY Immigration Counsel firm. 

    SUNY approved immigration counsel works directly with employee regarding the preparation of the Permanent Resident Petition in the appropriate category.

    Once the petition is prepared, SUNY approved immigration counsel will work with VIS to obtain the appropriate University signatures. Upon signing, VIS returns to forms to SUNY approved immigration counsel, who then files the petition on behalf of the university and foreign national employee.


    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 immigration counsel without prior referral from VIS.