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International Students & Scholars Services

U.S. Permanent Residency

Employment-Based Sponsorship (EB-2)

For a general overview of the three steps please see our flowchart.

Step 1: Labor Certification

  1. What is it? The Labor Certification (LC) is filed by WVU on your behalf with the Department of Labor (DOL) to obtain certification verification demonstrating the unavailability of better qualified U.S. workers for your position. Please note this is a prerequisite step any U.S. employer must take before filing actual petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.

  2. Who pays? There are no petition fees for this process.

  3. What do you need to provide? Please provide the following within two weeks of the request from ISSS.

  • Updated CV/Resume
  • CV Addendum
  • Copies of Diplomas and Certificates (highest degree conferred) including transcripts
  • For foreign degrees, evidence verifying equivalence to a U.S degree must be presented
  • Evidence of current non-immigrant U.S. status
  • Evidence of any J-1 or J-2 status previously held
  • If your current position required work experience (e.g. 2 years of Postdoc experience), provide employment verification letter(s) evidencing the required experience
  • For Physicians only: copies of USMLE certificates, residency/internship/fellowship certificates and WV state license

Step 2: Immigrant Petition (I-140)

  1. What is it? This is the WVU petition on your behalf asking USCIS to allocate a permanent residency visa number for you. Important: WVU has only 180 days from approval of 1st Step/Labor Certification to file this petition. Also, if you are eligible, your I-140 may be filed concurrently with Step 3 (see step below).

  2. Who pays? Under current University practice, the $700 (effective October 2, 2020 the fee is $555) must be paid by you as the beneficiary. (Please remember fees are subject to change by USCIS.)

  3. What do you need to provide?

  • Authenticity Statement
  • I-94
  • Updated CV/Resume
  • Passport identity page(s) (if renewed)
  • Updated mailing address
  • If your native alphabet is other than Roman, email the case manager your "foreign" name and address in your native alphabet
  • Check made payable to "U.S. Department of Homeland Security" for $700 (effective October 2, 2020 the fee is $555)

Step 3: Application to Register Permanent Residence or Adjust Status (Green Card Application) (I-485)

  1. What is it? This is your application (you are the "applicant"). Its purpose is to request a change of status from the current temporary work visa (e.g. H-1B, TN, etc. to Permanent Residency status. Since this is your own application, you may either have your attorney advise you or our office will do a review before filing as a courtesy by our faculty and staff.

  2. Who pays? Under current University practice, the $1225 (effective October 2, 2020 the fee is $1130) must be paid by you as the beneficiary. Note: You are also responsible for the fees of your dependents. $1225 for each dependent 14 years of age or older. $750 for each dependent under the age of 14. NOTE: October 2, 2020, the fees for all dependents (regardless of age) is $1130. All other fees associated to the I-485 application (e.g. medical documentation, notary service, etc.) Please remember fees are subject to change by USCIS.

  3. What do you need to do?

We strongly recommend that you seek out an experienced immigration attorney to file your Adjustment of Status Application.

Concurrent Applications: If you are eligible and will file your I-485 application concurrently, please review the required documents below.

Non-concurrent Applications: If you are not eligible or do not wish to file your I-485 application concurrently, please review the required documents below.

  • I-485 - See USCIS for instructions. We strongly recommend that you seek out an experienced immigration attorney to file your Adjustment of Status Application.

  • I-485 Supplement J - Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). Please send your case manager an electronic copy of this form, completed with your information. Your case manager will then complete parts 5 &6, sign, print, and return it to you to sign for submission.

  • Employment Verification Letter Template for I-485 Application
  • Sample Cover Letter I-485 Application
  • US Visa History Summary
  • I-140 Approval Notice
  • Check made payable to "U.S. Department of Homeland Security" for $1225 (see above amounts for dependents)

After you receive your Green Card (Permanent Residency)

  1. When you receive your Green Card, forward a copy of it to isss-scholars@mail.wvu.edu.

  2. Schedule an appointment with WVU Tax Services so they can update your work authorization status. You can contact WVU Tax Services to schedule and appointment at (304) 293-3379 ext. 3 or tax@mail.wvu.edu.

  3. Visit the Division of Motor Vehicles (DMV) to get an updated driver's license.

  4. Visit the Social Security Administration office to have the contingency note removed on your social security card.

  5. Read the Welcome Brochure. https://www.uscis.gov/tools/green-card-resources/welcome-united-states

  6. Read about how to maintain your Permanent Residency (PR) status. https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

  7. Read about eligibility and applying for US citizenship. https://www.uscis.gov/sites/default/files/USCIS/Resources/B3en.pdf