Frequently Asked Permanent Residency Questions

Question:  Can I use my own personal attorney for my permanent residence petition?

Answer: All permanent resident cases based on employment at UC San Diego must be submitted through the International Services and Engagement Office (ISEO). Using counsel outside of the university for employment-sponsored  (EB-1B or EB-2 Labor Certification) permanent residency petitions is NOT allowed. Any legal immigration work that a department wants to sponsor with university funding (please note that "start-up funds" are considered university funds), even for self-petition cases (National Interest Waiver, Extraordinary Ability, and I-485 Adjustment of Status), must be approved through ISEO, with legal work done by an immigration law firm that has a retention agreement on file with the University of California, Office of the President.

A researcher self-petitioning (EB-1 Extraordinary Ability or EB-2 National Interest Waiver) and using personal funds out of pocket for legal immigration work has no restriction on legal services retained.

Question: I hired my own attorney for the EB-2 NIW, can I use the same attorney for the EB-1B Outstanding Researcher petition?

Answer: See answer above. The University of California, Office of the President, Legal Counsel reviews all attorneys on retainer and requires an insurance minimum. Using outside attorneys for employer sponsored permanent residency petitions is NOT allowed per UC systemwide policy.

Question: I am a postdoc scholar and interested in applying for permanent residency, can UC San Diego sponsor me?

Answer: As a Postdoctoral scholar, it is not possible for the institution to sponsor you, since that is, by definition on our campus, a temporary, training position.  For your department to sponsor you, you must be in an eligible title (see: http://adminrecords.ucsd.edu/ppm/docs/200-16%20Supplement%20I.pdf ), the department must be willing to provide the resources needed to sponsor you in that pathway, and the department chair must be willing to state to the immigration service that the institution intends to employ you indefinitely in that position (this is of course regardless of how the contracts are issued).  If you are promoted to the Project Scientist or Research Scientist series in the future and the department is willing to sponsor you for permanent residency, we may be able evaluate your eligibility at that time.

See Overview and Eligibility

It is important to note, that some departments have internal policies that do not allow for sponsorship for non-faculty positions for permanent residency.

Question: What appointment titles at UC San Diego are eligible for Permanent Residency (PR sponsorship)?

Answer: See UCSD PPM 200-16 Supplement 1 and view the right hand Column of the chart PR.

Question: How long does the permanent residency process take?

• the faculty/scholar’s ability to gather documentation and solicit letters from experts
•  the waiting period for a visa number to become available,
• and the U.S. Citizenship and Immigration Services (USCIS) processing schedules

Question: Can I submit multiple I-140 petitions?

Answer: Yes, multiple I-140 immigrant petitions can be submitted to USCIS. It is important to note, that the permanent residency process is time intensive and costly. Each petition requires new legal and filing fees per immigrant petition process.

e.g. Faculty files for permanent residency through EB-2 Labor Certification process with ISEO (captures priority date) and then applies for EB-1B Outstanding Researcher/Professor route if eligible and recommended by outsourced UCOP approved immigration firm on retainer.

Question: Can I apply for F-1 or J1 status to permanent residency?

Answer: F-1 and J-1s are non-immigrant intent statuses. In general, we recommend scholars to change to H-1B, because it is a dual non-immigrant intent status that allows for immigrant intent. However, the department must confirm if the department chair is supportive of H1-B sponsorship. The H-1B is costly and the department/employer is required to pay for all H-1B costs in general.