Become a Permanent Resident

There are several paths to permanent residency in the U.S. KSU will consider sponsoring employment-based permanent residency petitions under the EB-1B or EB-2 categories for eligible, full-time tenure and non-tenure track faculty positions involving some classroom teaching duties and certain full-time staff positions in a specialized occupation. KSU will consider processing employment-based Permanent Residency for an employee only if the department agrees to sponsor the petition and fund the required, associated fees. 

The employment-based Permanent Residency process is multi-step and can take several years in some cases to complete.

STEP 1: LABOR CERTIFICATION STEP 2: The I-140 STEP 3: The I-485
For EB-2 cases, Labor Certification must be obtained from the Department of Labor. This involves requesting a Prevailing Wage Determination from the U.S. Department of Labor and then filing a Permanent Labor Certification (PERM). The next step is filing the I-140. For employment-based petitions, this is filed by KSU. International faculty/staff, international candidates, and departments may not use outside counsel to prepare or file an employer-based petition in the university's name.  The final step is the I-485, which is the individual's petition to adjust status to permanent resident. As the I-485 is a personal application, KSU does not cover associated costs or assist employees in completing the I-485 packet. Please note that in some cases, employees from certain countries may need to wait several years to file their I-485.

Permanent Residency FAQs

The below FAQ is designed to answer some common questions and provide guidance regarding employment-based permanent residency. All information provided on this website is intended to be an aide, and does not represent advice surpassing that of a qualified immigration attorney. 

  • KSU only supports and sponsors employment-based permanent residency petitions for eligible, full-time, tenure track and non-tenure track faculty and regular, full-time staff in a specialized occupation, and the decision to sponsor an employee for employment-based permanent residency is a decision of the department in consultation with the ISSSO. The department should contact the ISSSO directly regarding the possibility of sponsorship.  KSU does not permit outside attorneys to file immigrant petitions on the university’s behalf. 

  • In order to being the process, the department must contact the ISSSO directly no earlier than one semester after the international employee begins working at KSU. For EB-2 Advanced Degree Professional petitions, a Labor Certification Application (PERM) must be filed within 18 months of the date the offer letter was issued in order to take advantage of special Department of Labor provisions regarding university teaching positions and to avoid a re-recruitment effort.

    Employment-based permanent residency may also be pursued in the EB-1B Outstanding Professor category. This category is reserved for those faculty members who have at least 3 years' teaching experience and have risen to the top of their field by virtue of their international distinction. This is a rigorous standard and will only be pursued on a case-by-case basis. EB-1B petitions should be filed at least 12 months before the individual’s H-1B status expires.

  • Departments should contact the ISSSO regarding current filing fee costs. Because the I-485 is an application specific to the individual employee (not KSU), the filing costs associated with the I-485 are the employee’s responsibility.
  • Where a labor certification application was filed at least 365 days before the expiration of the employee’s H-1B status or where an I-140 was approved but the I-485 cannot be filed because of a backlog exists in the employee’s immigrant category, KSU can continue to renew an employee’s H-1B status until the employee obtains permanent residency or his/her I-485 is denied.
  • KSU will only consider dual-filings on a case-by–case basis. Generally, a backlog in an immigrant category is not sufficient reason to submit multiple I-140 immigrant petitions.
  • The ISSSO cannot provide advice or guidance on your I-485. Since the I-485 is individual-sponsored and paid for by the employee, employees are encouraged to seek an outside attorney’s help with the I-485 applications. Please note: An outside attorney may not file an employer-sponsored petition (for example, I-129, I-140) in KSU’s name.
  • Congratulations! Please contact the ISSSO so that your immigration record can be updated. Please also contact Human Resources at TAM@kennesaw.edu so that they can re-verify your employment eligibility and update HR and Payroll records. 

If your question was not answered here, please contact the ISSSO by phone at 470-578-6336 or by email at internationalscholar@kennesaw.edu.