Before certain non-US workers can apply for permanent residence in the United States, they may need employer sponsorship through a process known as "alien labor certification" or "PERM." Specifically, for sponsorship in the employment-based permanent residence categories known as EB-2 (skilled professional) and EB-3 (bachelor's degree professional), the United States Department of Labor requires employers to test the US labor market by recruiting in certain media before submitting an Application for Labor Certification requesting approval to offer permanent employment to a non-US worker. Other non-US workers who meet criteria may qualify to apply for permanent residence without employer sponsorship and without needing the Department of Labor's PERM process, such as in the EB-1B (outstanding professor or researcher) and EB-2 National Interest Waiver categories.

Employer-Sponsored Permanent Residence Process

Departments wanting to sponsor a non-US worker for permanent residence must first contact the UAB Office of International Student and Scholar Services (ISSS) for a consultation and discussion of the appropriate category. If employer sponsorship is needed, ISSS will provide assistance with preparing the application and associated documentation for the PERM process. The department is responsible for all fees associated with placing ads in required media per Department of Labor regulations. The department must conduct recruitment according to US Department of Labor guidelines and provide a recruitment report to ISSS. ISSS will route the report and supporting documentation across campus for approval signatures by the department Chair, Dean, President, Provost, Counsel, Compliance and Human Resources.

For faculty positions, the Director for Faculty Affairs is responsible for maintaining records of all applications, forwarding completed applications to ISSS, and maintaining the PERM audit file. Talent Acquisition Divison is responsible for the same for non-faculty positions.

Some non-US workers will qualify for the EB-1B category (outstanding professor or researcher). The position offered by UAB must be either tenure track (if faculty) or "permanent" (if a researcher). "Permanent" for researchers means the Research ladder, Scientist ladder, etc. Persons in Post-doctoral categories do not qualify for EB-1B sponsorship, since the postdoctoral track is still considered training and not "permanent." Non-US workers are welcome to engage outside legal counsel for assistance gathering the extensive documentation and recommendation letters necessary for a petition in the EB-1B category, but they must notify ISSS, and ISSS still must review and route the petition across campus for necessary approval and signatures.

UAB faculty, staff, university representatives, and outside counsel hired by employees are not authorized to sign United States Citizenship and Immigration Services Forms G-28 or Form I-140. ISSS will route the necessary forms for citizenship by UAB's designated signatory and serves as the liaison for all UAB-sponsored petitions. Please contact ISSS at isss@uab.edu with any questions.

Permanent Residence Not Requiring Employer Sponsorship

If a department learns that a non-US worker wishes to seek permanent residence in a category not requiring a job offer from a specific employer (such as the EB-1A and the EB-2 National Interest Waiver categories), no involvement is needed from ISSS or the Department of Labor. The non-US worker is responsible for securing outside legal counsel is necessary or desired to assist with those petitions. The department should, however, notify ISSS that the non-US worker is proceeding in one of these categories.

Filing Fees

The department is responsible for all fees associated with placing PERM advertisements in the media required by Department of Labor regulations for the EB-2 and EB-3 categories. Once the PERM process is complete, either the department or the non-US worker can pay the USCIS filing fees for the "green card" sponsorship, such as those fees associated with USCIS Forms -140 (employer petition), I-907 (premium processing for 15-day adjudication), and I-485 (application for permanent residence). Responsibility for these fees should be discussed between the department and the non-US worker.

September 30, 1986