Permanent Residency In The Us

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					                 Permanent Residency Processing
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U.S. PERMANENT RESIDENCY

     Employment-based
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1         Guidelines _______________________________________ 4
2         Procedure _______________________________________ 6
     2.1.1    Documentation_____________________________________________________________ 6
     2.1.2    Overall Criteria for Permanent Residency Filing at KSU ____________________________ 7
    2.2    Beginning the Process ___________________________________________________ 8
     2.2.1    Overview of Categories ______________________________________________________ 8
     2.2.2    Department Checklist for Preparing to Sponsor Permanent Residency __________________ 9
     2.2.3    Employee Basic Checklist for Preparing to File for Permanent Residency _______________ 9
     2.2.4    The Permanent Residency Application Process___________________________________ 10
    2.3    Prevailing Wage and Recruitment________________________________________ 12
     2.3.1    Prevailing Wage___________________________________________________________ 12
     2.3.2    Recruitment ______________________________________________________________ 12
    2.4    Filing the Labor Certification ___________________________________________ 14
     2.4.1    Criteria for Labor Certification _______________________________________________ 14
     2.4.2    Supporting documents for Labor Certification ___________________________________ 14
     2.4.3    Optional Special Handling ___________________________________________________ 15
    2.5    Filing the I-140 Petition ________________________________________________ 16
     2.5.1    Advanced Degree Professionals EB-2(a)________________________________________ 16
     2.5.2    Outstanding Professors and Researchers EB-1(b) _________________________________ 16
     2.5.3    Aliens of Extraordinary Ability EB-1(a) ________________________________________ 16
     2.5.4    Skilled or Professional Workers EB-3(a) and (b) _________________________________ 17
     2.5.5    Schedule A Exceptional Ability – Group II ______________________________________ 17
    2.6    Filing the I-485 Petition ________________________________________________ 18

3         Appendices _____________________________________ 19
    3.1    Appendix A: Guidelines for Letters of Reference for Outstanding Scholars _____ 19
    3.2    Appendix B: Notice for Labor Certification Example ________________________ 20
    3.3    Appendix C: Recruitment Reports _______________________________________ 21
    3.4    Appendix D: I-485 Employment Authorization Letter _______________________ 22
    3.5    Appendix E: I-140 Letter of Support______________________________________ 23
     3.5.1    Sample Faculty Letter of Support for EB-2 Application ____________________________ 23
     3.5.2    Sample Professional Letter of Support for EB-3 Application ________________________ 24
     3.5.3    Letter in Support of Progressive Experience _____________________________________ 24
     3.5.4    Letter in Support of Outstanding Professors and Scholars___________________________ 25
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1 Guidelines
Permanent residency allows a foreign national to live and work in the US indefinitely.
Kennesaw State University will support a petition for Employment-Based Permanent
Residency only under the following conditions:
       The position is classified as Faculty Corps of Instruction under the Board of
       Regents Policy Manual Section 302.02, or as an Administrative Officer under
       section 302.03 who retains rank and tenure as an ex officio member of the Corps
       of Instruction.
       The applicant’s education and experience are in the same field of study as the
       position in which they will be doing instruction, or administration.
       The applicant’s education and experience are commensurate with the job
       description for similar positions across the university and the University System
       of Georgia.
       The recruiting procedure meets the criteria under section 2.4.3 for Optional
       Special Handling and can be documented accordingly.
       The department is financially able and willing to cover the fee of $475 required
       for filing the form I-140. The department may also have cause to cover the $1000
       premium processing fee required to expedite processing within 15 days in unique
       circumstances, but is not required to do so.
Administrative and professional positions that do not meet the definition above will be
reviewed on a case by case basis and only viable cases will be referred for further
processing at the discretion of Human Resources.
Kennesaw State University does not authorize under any circumstances outside counsel
or representatives to sponsor employment based residency in KSU’s name for any reason.
All KSU employment-sponsored petitions must originate with Human Resources.




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2 Procedure
Employment based immigration is one of the most common ways to obtain Permanent
Residency. KSU will consider processing Permanent Residency for an individual only if
the department agrees to sponsor the petition and to fund the associated filing fees where
required1. The department head must be in full support of any Permanent Residency
request prior to HR committing to the process.
The Permanent Residency process is a two application process. One application, the I-
140 visa petition, is completed by the sponsoring employer. The other application, the I-
485 change of status petition, is completed by the employee. In some cases the I-140 and
I-485 can be filed concurrently if employment based visa numbers are readily available
(see the Department of State’s Visa Bulletin). If not, the I-485 cannot be filed until the I-
140 has been approved. Additional forms associated with the I-485 include the I-131
Advance Parole form and the I-765 Employment Authorization form. These are also
completed by the applicant.
The agencies associated with the permanent residency application process include:
    •    Kennesaw State University Human Resources (HR)
    •    Georgia Department of Labor (GaDOL)
    •    Department of Homeland Security (DHS)
    •    United States Department of Labor’s Employment and Training Administration
         (DOLETA)
    •    United States Citizenship and Immigration Services (USCIS)
Departments should initiate the permanent residency process either:
     •   upon hire
     •   no later than 12 months after the date of the original offer letter for Faculty
         Personnel
     •   12 months prior to the completion of the individual’s sixth year of H1-B status
which ever comes first.
2.1.1    Documentation
A great deal of the process revolves around the assembling of documentation and the
inevitable waiting for approvals. HR can receive documentation in electronic form2
wherever originals or documents on official letterhead are not required for submission.
The USCIS prefers copies be sent in with the applications, but can request originals be
presented at any time after the filing is submitted. Therefore, it is necessary for applicants
to assemble all original documents in preparation for filing, and provide copies to HR for
actual submission. Maintain originals in a secure place in case of audit by the USCIS.

1
  Departments are only required to pay the filing fee for the I-140 petition, and in cases of demonstrated
necessity, the premium processing fee associated with the I-907 form. All other fees must be paid by the
applicant.
2
  Preferably .pdf, .jpg or .tif file formats and Word documents for soft copies.


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2.1.2   Overall Criteria for Permanent Residency Filing at KSU
To qualify for permanent residency the following criteria must be met:
        the position must be full time – 40 hrs/week non academic, full time 9 month
        academic
        the position must be classified as regular (not temporary) – tenured/tenure track if
        academic
        the position cannot include a set end date for employment; the intention must be
        long term employment, barring any normal issues that would end in termination
        the position must require a minimum of a bachelor’s degree in a related field of
        study; requirement may be higher depending on the level of visa petition desired
        the applicant must have education and experience commensurate with the
        position’s documented requirements; if the position requires a specific field of
        study, the applicant must have education/experience specifically in that field
        the department and HR must be able and willing to document the above, along
        with justification of the recruitment process, in writing




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2.2      Beginning the Process
HR will consult with the sponsoring department and the sponsored employee to
determine the most appropriate type of I-140 petition. Each type of I-140 petition
requires different types of evidence of the employer and the employee. Some employees
may qualify for more than one type of I-140 visa and HR can petition for more than one
type of I-140 visa at the same time with USCIS. Each petition, however, is unique and
must be documented separately.
There are several categories for which KSU can sponsor Employment Based Permanent
Residency. It is advisable in many cases that an applicant work with an outside attorney
to assist with the overall process of applying for permanent residency, but KSU does not
authorize outside attorneys to submit employer based petitions on our behalf. All
documents related to employer sponsorship must be approved, signed and submitted by
KSU representatives only. KSU also has access to the State Special Assistant Attorney
General where needed.
Applicants should also consider whether they will be petitioning for their visa from
outside the country (via a US consulate office in their home country), or from within the
country (via an adjustment of status request).
2.2.1     Overview of Categories
KSU will sponsor employment based visa petitions for the categories listed in Figure 1
below.
 Preference   Title            Minimum                    Eligible          Job Offer   Labor
                               Education/Experience                         Required?   Certification
                                                                                        Required?
 First        Outstanding      Three years related        Faculty           Yes         No
              Professors and   experience
              Researchers      Documented
                               international reputation
 First        Extraordinary    Documented                 Faculty           No          No
              Ability          international reputation
                               Skillset can benefit the   Admininstrators
                               US
 Second       Advanced         Graduate level OR          Faculty           Yes         Yes
              Degree           Baccalaureate + 5 years    Admininstrators               Faculty
              Professional     related experience                                       eligible for
                                                                                        Special
                                                                                        Handling
 Third        Professionals    Baccalaureate + 5 years    Admininstrators   Yes         Yes
                               related experience         Professionals
Figure 1 KSU Employment Sponsored Visa Categories


Schedule A – Workers in short supply (Group II)
Schedule A jobs represent a subgroup of either First or Second Preference workers. The
Exceptional Ability subcategory requires the following:
   1. Exceptional ability in arts and sciences
   2. Internationally recognized for work above and beyond the standard
   3. Practicing in field minimum of one year prior to application
   4. Requires extensive supporting documentation
   5. Option for highly skilled faculty and administrators


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    6. Job Offer required
    7. Prevailing wage required, but labor certification is fast-tracked through DHS
       rather than DOLETA.

Physical therapists and professional nurses are also currently considered Schedule A
occupations. Labor certifications for these occupations are fast-tracked for approval due
to the perceived shortage of skilled workers.

2.2.2   Department Checklist for Preparing to Sponsor Permanent Residency
        Notify HR of the department’s willingness to support a permanent residency
        petition by sending an email to workvisa@kennesaw.edu.
        Compile all documentation regarding job search including copies of all
        advertisements, search committee recommendations, list of all applicants and
        whether or not they were interviewed and why those interviewed were rejected in
        favor of the successful candidate. If PeopleAdmin was used for the posting and
        hiring process, it will facilitate a good deal of this research and HR can assist with
        compiling the data.
        Schedule a consultation visit with Human Resources. The visit should include the
        employee and the Department representative or sponsor. Bring the sponsored
        employee’s current Resume or Curriculum Vitae.


2.2.3   Employee Basic Checklist for Preparing to File for Permanent Residency
        Locate current and any expired passports with I-94s attached, visas or stamps that
        help to document all periods of stay in the US that were non tourist related.
        Locate current I-94, which will either be attached to a I-797 Notice of Action
        form from the USCIS, or one provided at your last entry into the US
        Collect all documentation of any previous petitions/statuses, including I-20s, DS-
        2019s, I-797’s for approvals, I-94s, etc. You should be able to present
        documentary proof of no out-of-status stays in the US, and no statuses that would
        make you ineligible for permanent residency at this time. If you have had an out
        of status stay in the US, you will need to provide a written explanation if you wish
        to pursue permanent residency.
        Current Resume or CV
        Copy of university/college degree reflecting required education level for position;
        employment-based permanent residency is based on the educational requirements
        for the position, not the educational level of the applicant so your degree should
        reflect the field of the job itself.
        Copy of valid professional/clinical licensure if required for position
        Your birth certificate
        Documentary evidence of relationship for any dependents who you wish to
        include on your application, including marriage license, birth certificate,


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           certificate of adoption, etc. Also locate documentary proof of dissolution of any
           prior marriages, i.e. death certificates or divorce decrees, for example.
           Evidence of any name changes
           Certified translations of any documents not in English. Certified translations can
           be provided by any native speaker other than yourself, but they must add a
           notation at the bottom of the translation stating their name, the date
           Additional documents based on the petition selected3
2.2.4      The Permanent Residency Application Process
The process generally includes the following steps:
      1. Prevailing Wage determination: Only necessary in categories where a Labor
         Certification is required AND where there is not an existing, non-expired
         prevailing wage from a previous status request. HR will submit a prevailing wage
         determination request to the Georgia Department of Labor based on the job
         description from the original advertisement. Turnaround time averages 1 week.
      2. Advertising and Recruitment: Only necessary for categories that require a
         Labor Certification. The position must be advertised publicly with the GaDOL,
         the KSU website, in print and on campus no less than 30 days prior to filing for
         Labor Certification and no more than 180 days prior. Turnaround time minimum
         30 days. Optional Special Handling precludes the need for this step.
      3. Labor Certification: Not required for all categories. HR files form ETA-9089
         online with the US Department of Labor through the PERM system. This must be
         completed no earlier than 30 days and no later than 180 days after the posting
         requirement in step 2 has been completed. HR will provide applicant with the I-
         140 to begin completion prior to submission in step 4 while waiting approval of
         Labor Certification. Applicant also needs to complete assembly of I-140 and I-
         485 documentation in preparation for next steps. Turnaround time varies greatly
         and can take up to several years.
      4. Filing of I-140 Visa Petition: Once the Labor Certification is approved and prior
         to when it expires in 180 days, HR will complete the I-140, requisition a check
         from the department in the amount of $475 and work with the applicant to
         assemble and file the petition packet with the USCIS. If a visa number is
         available, the applicant can also complete step 5 and both can be filed
         concurrently. A notice of receipt is usually received in the mail within two weeks,
         but the availability of visa numbers varies greatly and approval of the I-140 can
         take several years.
      5. Filing of Change of Status Request I-485: Once a visa number has become
         available the applicant can submit the I-485 packet to the USCIS if not able to file
         concurrently. There are additional forms and fees associated with the I-485 packet
         that the applicant will be responsible for that include request of employment
         authorization and travel documents that can be used while the application is

3
    HR has compiled individual checklists associated with each employment visa category we sponsor.


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pending if filing concurrently. These additional forms are not always necessary
for applicants who are already in an approved H1B status.




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2.3     Prevailing Wage and Recruitment
2.3.1    Prevailing Wage
HR will use the existing job description to request the prevailing wage determination
from the GaDOL. Normally the Occupational Employment Statistics (OES) published by
the Bureau of Labor Statistics is used to index the prevailing wage rate prior to
submitting the prevailing wage request, but valid wage surveys such as the CUPA-HR
and NCAA surveys can also be used to support the case for a particular wage. If the
prevailing wage is determined to be higher than the applicant’s current salary, the option
exists to increase the applicant’s salary to meet the prevailing wage, or to terminate the
petition for permanent residency. The salary increase option is not available beyond the
normal rate of pay for other KSU employees in comparable positions with similar
education and experience.
2.3.2    Recruitment
Positions requiring Labor Certification must first undergo a recruiting effort designed to
validate that there are no US citizens willing, able and qualified available to take the
position at the prevailing wage for this area, and that the wages and working conditions
are consistent with similar positions occupied by US workers.
If the application is for a professional occupation, the employer must conduct the
recruitment steps within 6 months of filing the application for alien employment
certification. The employer must maintain documentation of the recruitment and be
prepared to submit this documentation in the event of an audit or in response to a request
from the Certifying Officer prior to rendering a final determination.
College and university professors hired under a documented competitive recruitment
process and Schedule A occupations are exempted from the Recruitment process, but are
still required to provide a Recruitment Report on demand documenting the recruiting
process. If the Department of Labor is not satisfied with the Labor Certification, they can
(and have) directly supervised recruiting efforts on campus again.
Mandatory Recruitment Steps for Professional Occupation
      1. HR places a job order with the Georgia Department of Labor that will post the
         position on the state labor board for 30 days4
      2. HR places a print ad to run on two different Sundays in the Marietta Daily
         Journal5
      3. HR provides a copy of the posting to the department to post internally
      4. HR posts the position on the Labor Certification page on the HR website
      5. HR posts the position on the Job Board outside of the HR office
      6. Applications are collected in HR

4
  Steps 1 and 2 are considered mandatory for all professional positions according to 20 CFR 656.17 and
must be executed no less than 30 days and no more than 180 days prior to the filing of the Labor
Certification
5
  Positions that require experience and an advanced degree that would normally be advertised in a
professional journal can replace one Sunday in the MDJ with a professional journal listing instead


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       a. Applicants who do not meet minimum requirements are rejected
       b. All applicants who meet minimum requirements are either rejected for
          lawful reasons or interviewed within 10 days of receipt of application
       c. All applicants who are interviewed and not selected must be rejected for
          specific, lawful reasons
7. HR compiles a recruitment report that includes
       a. All applicant’s names
       b. Interviewed applicants contact information
       c. Specific, lawful reasons for rejections of unsuitable candidates
8. The recruitment report and all applications and/or resumes are filed in HR for
   review by the DOL in case of audit.




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2.4     Filing the Labor Certification
The Labor Certification should be filed well in advance of the expiration date of the
Prevailing Wage Determination (three months from the determination date) and between
30 and 180 days after the recruiting step. The purpose of the Labor Certification is to
satisfy the US DOL that there are no US workers able or willing to take the specific job
that has been offered to the applicant.
Labor Certifications (DOL ETA form 9089) are filed online by HR via the Department of
Labor’s PERM application. Prior to HR submitting the form, the applicant will need to
complete a paper version to provide to HR. The documentation associated with Labor
Certification is not provided with the application, but can be audited by USCIS at any
time. HR will not file the Labor Certification until all supporting documentation has been
provided by the department and/or applicant.
Once the Labor Certification is filed, HR will receive a notice of acceptance for
processing with a received date. This date will eventually translate into your Priority
Date, which indicates the date you entered processing for Permanent Residency, and will
be used to determine your status for receiving a visa number later in the process. All
Labor Certifications filed after July 16, 2007 must be filed in support of an I-140 within
180 days or they become invalid and a new Labor Certification must be filed.
A hard copy of the Labor Certification will be mailed to KSU HR upon certification and
the original must be signed by both a representative from KSU HR and the beneficiary
immediately. This original will be submitted as part of the I-140 petition by KSU.
2.4.1    Criteria for Labor Certification
         The offered salary must be equal to or greater than the prevailing wage as
         determined during the Prevailing Wage Certification process
         KSU can demonstrate that we are financially viable enough to pay the salary
         offered
         KSU can place the applicant on payroll on or before the date of the applicant’s
         proposed entrance into the US
         No job discrimination occurred during selection for the job
         The terms of the job are not in conflict with any federal, state or local laws
         The job opportunity was made available to any and all US workers
         The US workers who applied and were rejected were rejected for lawful reasons
         The job opportunity is for full time, regular employment
No fee is currently required for Labor Certification.
2.4.2    Supporting documents for Labor Certification
The Department Chair/Supervisor should supply:
         Documents justifying any restrictive or unusual job requirements like foreign
         language skills




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           Copy of all national/international advertisements of job posting that display the
           name of publication and dates published, position title, duties and minimum job
           requirements on each copy

               o Websites, including KSU and USG Applicant Clearinghouse
               o Journals, including Chronicle of Higher Education or professional journals
               o Print ads in the Atlanta Journal Constitution or Marietta Daily Journal

           Recruitment Report6
2.4.3      Optional Special Handling
Optional Special Handling can be invoked if KSU can validate that competitive, fair
recruitment occurred in the initial recruiting process for classroom based instructional
faculty. This option is not available for non-classroom based research or non-faculty
positions.
To qualify:
      1. the applicant must have been identified through a competitive recruitment process
      2. the labor certification must be filed within 18 months of the date of the offer letter
The Department Chair/Supervisor must provide:
           Brief letter of support detailing the alien’s degree and qualifications




6
    For more information on Recruitment Reports, see


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2.5     Filing the I-140 Petition
HR will forward a copy of the I-140 to the applicant to complete. The completed form
will then be transcribed to a final copy if necessary and submitted along with all
supporting documentation and the fee by HR.
The current fee for filing the I-140 is $475.00 and HR will commission the check from
Accounts Payable and directly bill the departmental budget for the amount. An expedited
check request procedure is in place for requesting fees. HR will forward a Check Request
form to the Department Chair/Supervisor requesting approval and confirmation of the bill
to account. The form should be signed and updated and faxed back to HR immediately, at
which point HR will forward the signed approval form along with a copy of the first page
of the form being filed as backup to Accounts Payable to request the check. The check
will be delivered directly to HR. This process does not require AGS.
Additionally a Request for Premium Processing can be filed with an additional fee of
$1,000.00. This guarantees a 15 day turnaround, or a total refund of the fee and expedited
processing if the USCIS is unable to meet the 15 day deadline. Departments are not
obligated to pay this fee, but may consider doing so if a demonstrated need can justify it.
Otherwise the applicant can consider putting up the expense out of their personal funds.
The length of time necessary to wait for approval of the I-140 petition can be tracked via
the regular Department of State Visa Bulletins. If the visa status is current, the applicant
can file both the I-140 and I-485 petitions together.
2.5.1    Advanced Degree Professionals EB-2(a)
This is one of the most common and simplest routes to an I-140 approval. This option is
available for teaching faculty positions or high level administrators only – where an
advanced degree is a minimum job requirement for all applicants.
2.5.2    Outstanding Professors and Researchers EB-1(b)
The Outstanding Professor/Researcher category is reserved for those considered
outstanding in their specific field and who have obtained international recognition as a
Professor or Researcher. Only tenured/tenure track faculty may use this category. If the
faculty member was selected for the position more than 18 months ago this may be the
best option.
The process does not require a Labor Certification. KSU can apply directly for the I-140
without analyzing the recruitment that took place for the employee’s position.
2.5.3    Aliens of Extraordinary Ability EB-1(a)
The Extraordinary Ability category is reserved for those at the top of their field who have
a record of sustained national or international acclaim in the arts, sciences, education,
athletics or business. The visa is very similar to Outstanding, but does not require
position to be tenured/tenure track and can be applied to administrative as well as
academic positions.
The applicant can apply on their own behalf without KSU’s assistance. However, KSU
can also petition on the applicant’s behalf to further strengthen their case for eligibility.




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2.5.4   Skilled or Professional Workers EB-3(a) and (b)
Professional workers applies to any position listed as requiring a baccalaureate degree as
the minimum educational qualification. This can apply to non faculty, non-administrative
level professional positions, or to administrative level positions. The criteria include:
        Applicant must have US baccalaureate degree or equivalent foreign degree
        Evidence that a baccalaureate degree is required for the job
Skilled workers would apply to any non-faculty, non-administrative position that does not
require a minimum bachelor’s degree. Criteria include:
        Applicant must meet the minimum educational requirements
        Applicant must have a minimum of two years training or relevant experience
2.5.5   Schedule A Exceptional Ability – Group II
Schedule A jobs typically fall into the EB-2 or EB-3 categories, but represent vocational
areas where labor is in short demand. A prevailing wage certification and Labor
Certification are still required, but the Schedule A documentation is supplied with the
Labor Certification to the DHS rather than the Department of Labor.. A DHS officer then
determines if the Labor Certification meets the requirements of 20 CFR 656.10 and the
Schedule A criteria listed in 20 CFR 656.5. Schedule A determinations by the DHS are
conclusive and final and cannot be appealed, but a negative determination by the DHS
does not prevent us from filing for a non-Schedule A Labor Certification with the DOL.
An interesting point regarding Schedule A is that the applicant need not have studied at a
college or university to qualify for a Schedule A, Group II occupation.




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2.6   Filing the I-485 Petition
As the University prepares to file the I-140 Employment Based Visa on the applicant’s
behalf, the applicant is eligible to apply to adjust their status to a Permanent Resident.
We can include the adjustment of status application with the I-140 petition. Or, we can
help the applicant file it after the I-140 is filed. We can help the applicant decide the
timing of the application based on the applicant’s unique circumstance. The Adjustment
of Status application for Permanent Residency consists of forms and biographical data
that the applicant will send to the USCIS.
KSU does not assist the applicant in filling out the forms, but we will be more than happy
to review the application process and the contents of the forms with the applicant. Once
the applicant has them complete and ready to send we can review them to make sure the
packet of forms and documents is complete. Please call or e-mail HR to schedule a
meeting.
The I-140 visa approval does not by itself change the applicant’s legal status. It is
imperative that the applicant maintain current non-immigrant visa status until they are
granted Permanent Residency.




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3 Appendices
3.1   Appendix A: Guidelines for Letters of Reference for Outstanding
      Scholars
When filing for Outstanding Scholar status, applicants should supply four to five letters
from senior people in the field attesting to the applicant’s significant contributions to and
international reputation in the field. We recommend a variety of letters from people
outside KSU and outside the U.S. and from senior people in US government and
industry.
Basic contents of the letter should include:
       the position of the writer of the letter in the field (include a copy of the writer's
       CV);
       how the writer knows of the alien's work;
       how the alien's work has made significant or outstanding contributions to the
       field;
       references to the alien's extraordinary reputation such as evidenced by
       presentations at national or international conferences, publications in national or
       international juried journals, memberships in selective associations or societies;
       receipts of prizes or awards;
       references or descriptions as to how the alien may benefit the U.S. in the future;
       a statement which refers to the alien as an "extraordinary professor in the field of
       _____" or as an "extraordinary researcher or director in the field of ______."
The letters should include the author’s name, title and work address.




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3.2    Appendix B: Notice for Labor Certification Example
Kennesaw State University seeks a Coordinator/Advisor of Academic Affairs.
Duties include: design leadership and educational and instructional training programs; interview and
advise program participants (primarily Korean) develop customized executive and professional workshops,
training, internship programs and research projects to meet specific global corporate and professional
requirements focusing on economics, urban, regional planning, public policy and technology skills
required in today's global economy; interpret and provide additional relevant information for workshop
participants at selected professional and cultural sites; coordinate operational and administrative aspects of
program educational activities with specialists in various departments such as public administration, urban
planning, finance and economics; establish methods for improving curriculum and workshop performance;
prepare reports to assess program effectiveness; analyze practices to create new systems or revise
procedures; international market research and analysis to forecast future programming trends to assist in the
expansion and organization of existing programs; develop and implement marketing plan to outreach to
constituents and sponsors abroad about training programs; communicate with and visit businesses in Asia
about programming options.

Salary: $46,051.20/yr.

Education, training and experience: Master’s or foreign degree equivalent in Economics, plus one year
of research experience in global economics (research experience may be in industry or post-graduate
academic environment). Any suitable combinations of education, training and experience acceptable.
Job Location: Kennesaw, Georgia
Send resumes to
         Anita Sales
         Human Resources
         Kennesaw State University
         1000 Chastain Rd.
         Kennesaw, GA 30144
         attn: Coordinator/Advisor of Academic Affairs

This notice is being posted because an application for permanent labor certification has been filed for
the position of Coordinator/Advisor of Academic Affairs. Any person may provide documentary
evidence bearing on this application to:

         Certifying Officer
         US Department of Labor
         Employment and Training Administration
         844 N Rush Street, 12th Floor
         Chicago, IL 60611

Posted: May 21, 2007
Remove: May 31, 2007




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3.3   Appendix C: Recruitment Reports
Occasionally an audit by the US Department of Labor Employment and Training
Administration will require submission of the Recruitment Report compiled in support of
the Labor Certification for a pending application. All Labor Certifications processed
through Human Resources must include the following:
    1. Applicant summary indicating
           a. Count of all applicants
           b. List of all non-interviewed applicants including
                    i. Name
                   ii. Lawful reason applicant was rejected
           c. Copies of all resumes and/or applications
    2. Interviewed applicant summary including
           a. List of all interviewed applicants including
                    i. Name
                   ii. Address
                  iii. Phone number
                  iv. Lawful reason applicant was rejected or
                   v. Hire date if successful applicant
           b. Copies of resumes and/or applications
    3. Copies of all ads including website, journals or newsprint media
    4. Notice of Filing summary including;
           a. Copy of Notice of Filing
           b. Notice of Filing cover sheet with posted dates
           c. Statement
                    i. Authenticating posting dates
                   ii. Documenting results of Notice of Filing
                  iii. Giving specific job related reasons for any rejections




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3.4     Appendix D: I-485 Employment Authorization Letter
Used to document current employment with the I-485 petition. This letter is separate
from the Letter of Support provided with the I-140 petition.

Thursday, November 29, 2007


USCIS Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227


Attn Service Officer


RE: Employment Verification for Dr. Robert Burns


This letter is to confirm that Dr. Robert Burns is currently employed full-time as an Assistant Professor in the
Department of English at Kennesaw State University. Dr. Burns’ annual salary for academic year 2006 – 2007 is
$47,500. His employment will be on an ongoing basis pending approval of his permanent residency. His original date
of hire was 08/14/2006.

He currently performs the duties of composing anthems to Haggis, conducting scholarly research in English Romantic
Poetry, classroom teaching and service to the community of Kennesaw State University.

About KSU
Founded in 1963, Kennesaw State University (KSU) is a comprehensive university with expanding undergraduate and
graduate programs, located in Kennesaw, Georgia, a northwest suburb of Atlanta. Kennesaw’s enrollment of 20,000
students make it the third largest institution in the University System of Georgia. Kennesaw has a staff of over 1,500
regular employees including faculty and staff.

Please feel free to contact me with any questions.


Best regards,



Anita A. Sales
Director, HR Support Services

Human Resources
Kennesaw State University
1000 Chastain Rd.
Kennesaw, GA 30144

(770) 499-3497
asales2@kennesaw.edu




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3.5     Appendix E: I-140 Letter of Support
The Letter of Support is provided on departmental letterhead by the departmental
supervisor for the purpose of documenting the applicant’s education and experience as it
relates to the position petitioned for. The letter of support should indicate that the
applicant’s skillset meets or exceeds the job requirements as advertised.
3.5.1    Sample Faculty Letter of Support for EB-2 Application
Thursday, November 29, 2007
Premium Processing
USCIS Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227

Attn Service Officer
RE: Second Preference Employment-Based Permanent Residency Petition by Kennesaw State University
on behalf of Dr. John Doe as an Advanced Degree Professional.

This letter is written in support of Kennesaw State University’s I-140 petition on behalf of Dr. John Doe.
Dr. Doe is currently in his first year in a full-time, tenure track position as an Associate Professor of
Computer Science at KSU. This position involves [describe job duties].

Dr. Doe holds a Ph.D. in Computer Science from Louisiana State University at Lafayette. He has
approximately 2 years of experience in academia. Prior to coming to KSU, he held positions at the
University of Louisiana, Lafayette and the Philips Company. Dr. Doe is a competent scholar and researcher
and has applied for two patents as a result of his work on biomedical information retrieval.

Dr. Doe was selected from other candidates to the fill the position here at KSU because of his academic
credentials and successful work as a researcher at ULF. His expertise in large-scale database systems, data
mining and pattern recognition are highly valued in both commercial and academic environments.
Dr. Doe has already made significant contributions at KSU, including design and delivery of a new
graduate level course in computer science and the funding of a grant proposal to research pattern
recognition applications for a manufacturer of refrigeration systems.

In summary, Dr. Doe is an excellent and outstanding research scientist who works tirelessly for the
department and his students. I consider him an asset to the department and the College of Science and
Mathematics as well as a great ambassador for KSU. Dr. Doe is making satisfactory progress toward tenure
and promotion. His contract will be renewed indefinitely provided he continues to perform his duties as
required.

Sincerely,
         [Signature]


Dr. William Zoom
Department Head
Department of X
Kennesaw State University




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3.5.2    Sample Professional Letter of Support for EB-3 Application
Thursday, November 29, 2007
Premium Processing
USCIS Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
Attn Service Officer
RE: Third Preference Employment-Based Permanent Residency Petition by Kennesaw State University on
behalf of Exene Cervenka as a Professional.

This letter is written in support of Kennesaw State University’s I-140 petition on behalf of Exene Cervenka.
Ms. Cervenka is currently employed as the Admissions Director since August 2003. Prior, she was
employed as an Admissions Counselor in the Office of Admissions beginning December, 2001.

The Admissions Director position requires [describe job knowledge, skills and abilities; must coincide with
Labor Certification].

The Admissions Director is responsible for [describe job duties; must coincide with Labor Certification].

Ms. Cervanka’s experience as [describe applicant’s experience that directly relates to job knowledge, skills,
abilities and duties detailed above – include education and experience].

Ms. Cervenka is an asset to Kennesaw State University as the Admissions Director, and has performed
exceptionally well already.

Sincerely,
         [Signature]


Dr. William Zoom
Department Head
Department of X
Kennesaw State University

3.5.3    Letter in Support of Progressive Experience
Used to document progressive experience of five years or more in the occupational area
when the applicant has a bachelor’s degree and is applying for EB-2 status. One from
each employer within the last five years should be provided on letterhead and should
show that the candidate has sufficient cumulative experience in the current occupational
area to function at the equivalency of an advanced degree candidate.

Thursday, November 29, 2007


Premium Processing
USCIS Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
Attn Service Officer


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RE: Application for Advanced Degree (EB2) Status for [applicant]
This is to certify that [applicant] was employed in the position of [job title] with our company full-time
from [begin date] to [end date] for approximately [number of hours] per week.
During this period, he/she progressively took on more responsibility in [key job duties] until [describe
progression of responsibility]. His/Her responsibilities with us included [describe responsibilities].
Throughout his/her period of employment he/she [describe specializations related to current occupational
duties].
Mr./Ms. [applicant] advanced his/her career over the [number] years he worked for this company. He/She
developed an extensive knowledge of [describe knowledge areas relevant to current occupational duties].
His/Her duties were progressively responsible in scope and increasingly technical in nature. In the end of
his/her position with this company, he/she functioned at the highest level of his discipline as a [job title].
I can personally verify that all the statements made herein are true and accurate because I was [job title] at
[organization], and was responsible for overseeing the candidate’s work.


Sincerely,
         [Signature]


Dr. William Zoom
Department Head
Department of X
Kennesaw State University


3.5.4    Letter in Support of Outstanding Professors and Scholars
(to be submitted on KSU letterhead)
Thursday, November 29, 2007


Premium Processing
USCIS Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227

Attn Service Officer


RE: Concurrent I-140 application and I-485 packet for Dr. John Doe


RE: First Preference Employment-Based Permanent Residency Petition by Kennesaw State University on
behalf of Dr. John Doe.
Dear Supervisor:
Enclosed are the I-140 petition and supporting documentation for the Permanent Residency petition for Dr.
John Doe. Dr. Doe is an internationally known professor, with outstanding ability, in the field of X.
The Petitioner



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Kennesaw State University (KSU), the third-largest university in the University System of Georgia, is a
comprehensive university with expanding undergraduate and graduate programs in Kennesaw, Georgia, a
suburb of Atlanta. Nearly 20,000 commuter and residential students, including more than 1,700 from 136
countries, pursue their undergraduate and graduate studies at Kennesaw State. The student body is a mix of
traditional and nontraditional students with an average age of 26. Approximately 20 percent of students are
members of ethnic minorities.

Founded in 1963, Kennesaw State University's dedication to fostering excellence in public service brought
it recognition from the American Association of State Colleges and Universities as one of the nation's top
publicly engaged universities in its study "Stepping Forward as Stewards of Place." In addition, the
American Council on Education selected KSU as one of eight institutions in the country for a study called
"Global Learning for All," which will focus on good practices in promoting international student success.
The university is committing itself to expanding the global experience of students, faculty and staff through
its Quality Enhancement Plan, known as the "Get Global" initiative. The QEP is part of KSU's continuing
efforts to reaffirm its accreditation for the next 10 years with the Southern Association's Commission on
Colleges (SACS).
[Include a paragraph indicating department specific accomplishments.]
Position Requiring Person of Outstanding Ability
Kennesaw State University, Bagwell College of Education, Department of X, is offering the position of
Associate Professor to Dr. Doe, an internationally known and respected professor in the field of X, who
will bring extraordinary skills and scholarship to this position. Kennesaw State University has every
intention of employing Dr. Doe for a term of indefinite duration in which he will have an expectation of
continued employment unless there is good cause for termination. This is a tenure track (permanent,
continuing, continuing eligible, tenured) position, and the university has every intention of employing Dr.
Doe permanently. In this permanent position, he will maintain an active scholarship program and will
participate fully—and with distinction—teaching both undergraduate and graduate education, serving as a
strong role model for our students.
[Include a paragraph or two detailing the job duties more specifically.]
Outstanding Ability of Beneficiary
Dr. Doe, a citizen of (country), received his undergraduate training and beginning research in X at The
University of --------------, (country), on (date), 19--. From there, he proceeded to obtain his advanced
degrees—MS. and Ph.D. in X from The University of -------. During those years he served as a research
assistant and associate. Following the completion of his Ph.D. in (month, year), he moved on to serve as
visiting research associate in the Department of Education. Upon completion of that experience in 1984 he
returned to his home country to apply his knowledge and skills at his alma mater, where he remained until
19--. As outlined in his enclosed curriculum vitae, Dr. Doe has been awarded for his excellence in research
from his undergraduate days in T------, to his graduate studies in S----- and beyond. Continuing to expand
his research base internationally, he was awarded the --------- Fellowship in 19—by the European
Community for a year of sabbatical work in the Department of Education at the University of ------------, in
the UK. In 19—he returned to the US for a period as a visiting scholar.
One of the key indicators of Dr. Doe’s extraordinary contributions in the field of Education came when he
was awarded the ------------- Award in 19—by the internationally known ---------------. This award, which
was in the Field of Early Childhood education, is one of the highest honors bestowed upon a Latin
American technological researcher.
International respect of Dr. Doe’s professional opinion can be seen in several letters related to the review of
others’ work in various international professional journals.
Throughout the last few years Dr. Doe has been extraordinarily prolific in his research writing, having 52
articles published in international, peer-reviewed journals and books, as well as 53 articles included in
conference proceedings, and 7 more works submitted for publication. In addition, he has made 53
presentations throughout the world and has submitted 5 more works for presentation internationally.




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Based on the foregoing, we submit that Dr. Doe is an alien of extraordinary ability in the field of
Education, with a level of knowledge and skill that is possessed by very few individuals. We respectfully
request your kind consideration and favorable adjudication of our First Employment-Based Preference
petition on behalf of Dr. Doe. Kennesaw State University will compensate Dr. Doe at the rate of $------ per
annum.
If you have any questions, feel free to contact me at 770.xxx.xxxx.


Sincerely,
         [Signature]


Dr. William Zoom
Department Head
Department of X
Kennesaw State University




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