Legal Permanent Residency Procedures
Case Western Reserve University may assist in preparing and filing I-140 applications in the first three employment-based preference categories (EB1-3). To initiate the green card process, the department must approve the sponsorship and agree to pay all associated, legally required fees. Fees may vary depending on the category of filing, the staff/faculty member’s qualifications, the procedural requirements and whether the filing is processed by IHRS or by outside counsel. IHRS in some cases will process the I-140 petition in-house but reserves the right and has full discretionary authority to refer the case to outside counsel.
Please note: Departments and employees may not initiate a green card with outside counsel directly and may only use the University’s sole outside immigration provider (Ogletree Deakins) to process Case Western Reserve University I-140 filings. Departments may not initiate the process independently or choose their preferred firm, regardless of their agreement to pay all associated costs and fees for the filing. Only IHRS may initiate immigration petitions on behalf of the University and thus all green card sponsorship initiations must go through IHRS for compliance purposes.
Case Western Reserve University does not limit green card sponsorship to certain employment classifications (for example, only to tenured faculty members). However, some positions may not qualify, per USCIS eligibility requirements. If the foreign national and their position can meet the eligibility requirements, it is the department’s choice whether to sponsor the employee's I-140. Some departments may (and do) limit which positions they will sponsor. The University is not required to provide green card sponsorship to all employees, but IHRS and the department will take into consideration the unique facts surrounding each employee’s immigration history, qualifications and position in deciding whether and when to sponsor a green card.
Regulatory requirements state that only full-time, “permanent” positions qualify for green card sponsorship. Positions without a specified end date may qualify (such as tenured positions or staff appointments, etc.), but unpaid, transitory, training or temporary positions do not. This includes postdoctoral appointments, temporary/visiting faculty positions, internship and visiting scholar positions. Positions based on reappointment may qualify as long as the department intends to renew the position for the foreseeable future.
Adjustment of Status/Green Card Petitions
The University can only sponsor the I-140. The I-140 is only the first step in obtaining Legal Permanent Residency. Once the I-140 is approved, the employee will need to obtain personal counsel to assist or may file their Adjustment of Status petition on their own at the appropriate/allowable time in order to maintain their work authorization and to obtain a green card to stay long-term in the United States. IHRS staff are not attorneys and, because an Adjustment of Status petition is considered to be a "personal petition" (not an employer-sponsored petition), IHRS and the University are not able to file an Adjustment of Status on behalf of the employee/faculty member. Please contact IHRS for more resources on obtaining outside immigration representation.
I-140 Eligibility Categories
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Green Card Categories |
Processing Information |
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May be processed by IHRS unless the department opts for outside immigration counsel assistance and/or the facts of the case require legal assistance. |
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Processed by outside immigration counsel, facilitated by IHRS. |
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EB2 “Special Handling” for employees in positions that include classroom teaching (similar to EB2 category above) |
Processed by outside immigration counsel, facilitated by IHRS. |
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Processed by outside immigration counsel, facilitated by IHRS. |