Permanent Residence
for International Academic Staff
Many international students and scholars wish to gain Permanent Resident Status ("green card") to allow them to live and work in the United States for an indefinite period. The three most common ways to obtain permanent residence include:
- family relationship (e.g. marrying a U.S. citizen)
- diversity lottery program
- petition from an employer
Steps to Legal Permanent Residence (Green Card)
via Employer
Sponsorship
via Employer Sponsorship
Cornell University files petitions for Legal Permanent Residence (Green Card) for international academic staff holding permanent academic positions. Most petitions are filed under the priority worker category, "Outstanding Professors and Researchers." However, in some cases, we may recommend that an applicant pursue permanent residence via the Department of Labor, either as an alternative to the "Outstanding Professors and Researchers" petition, or in addition to it. All Cornell-sponsored permanant residency applicants are REQUIRED to have at least one meeting prior to the filing of a petition on their behalf. Postdoctoral Associates and those with "Visiting" in their titles do not qualify for sponsorship.
Those who hold (or will soon hold) a permanent academic appointment at Cornell, should contact Laura Taylor, Associate Director, at lbt1@cornell.edu to schedule an appointment. Please note that Cornell University does not allow outside attorneys to represent the institution in employment-based permanent residency cases except under very limited circumstances. In such circumstances, there is a review and approval process and the ISSO must sign the G-28 form permitting the attorney to act as employer representative.Steps for Priority Worker Petition
- STEP 1: Cornell files the I-140 petition along with evidence that the applicant meets the eligibility criteria for the category. Cornell files priority worker petitions under the category, "Outstanding Professors and Researchers."
- STEP 2: Applicant files the Adjustment Petition with BCIS. The Adjustment petition includes Form I-485, and many other forms of documentation. The Adjustment Petition may be filed concurrently with the I-140 petition (above). If the applicant wishes to file the adjustment petition concurrently, the ISSO will provide a copy of the I-140 receipt notice to send with the petition.
Steps for Department of Labor Petition
- STEP 1: Cornell files the Labor Certification Petition (ETA 750) with the DOL. There are several categories under which petitions can be filed. Overall time to approval of ETA 750 depends greatly upon the category type.
- STEP 2: On receipt of the approved ETA-750, Cornell files an I-140 petition under category "Advanced Degree Holders" with BCIS along with the original approved ETA 750 from the DOL.
- STEP 3: Applicant files the Adjustment Petition with BCIS. The Adjustment petition includes Form I-485, and many other forms of documentation. The Adjustment Petition may be filed concurrently with the I-140 petition (above). If the applicant wishes to file the adjustment petition concurrently, the ISSO will provide a copy of the I-140 receipt notice to send with the petition.
Department of Labor Application Packet
Adjustment Petition
On approval of the adjustment petition (for both types of application), the
applicant will be instructed to visit a BCIS Office, usually the District Office
in Buffalo, although some applicants have arranged to go to BCIS sub-district
offices in Syracuse or Rochester. At this time, the applicant will receive an
I-551 stamp in their passport. Once the I-551 stamp is obtained, the applicant
is a US permanent resident, and can work and travel as a permanent resident.
The actual permanent resident card generally arrives in the mail several months
later.
Processing Times
Processing times for each stage of the petitioning process vary widely. The ISSO cannot predict processing times into the future, so our estimates regarding timing are always tentative. Generally, however, from start to finish, the path to permanent residence can take anywhere from 2.5 years to 6 years, depending upon filing methods available.

