Permanent Resident

The University will support applications for permanent resident ("green card") status for most employees with an on-going position. The Commonwealth of Virginia requires ODU to request permission for use of outside counsel on permanent resident cases through the Office of the Attorney General.

The sponsoring department should contact Visa & Immigration Service Advising, to begin the process. During a consultation meeting, the possible options and documentation needed will be discussed. Departments should submit the request form, all recruitment information and initial job offer letter from Academic Affairs. Please retain copies for the department file for later use.

There are three typical processes:

Full-time teaching or AP Faculty in an on-going position requiring a minimum of a Master's degree (EB-2)

Must demonstrate that no US workers are qualified and available; usually requires a search under Virginia Employment Commission oversight. Must hold an advanced degree or show exceptional ability in the sciences, arts, or business with a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Process involves obtaining a Permanent Labor Certificate followed by an application for a resident visa.

Time Required: 24-36 months (great variation depending on the response time of various government agencies).

Professional Workers possessing a U.S. baccalaureate degree or foreign equivalent and that a degree is normal for entry into the occupation (EB-3)

Must be performing work for which qualified workers are not available in the U.S.

Education and experience may not be substituted for a baccalaureate degree

Process involves obtaining a Permanent Labor Certification and a permanent full-time job offer.

Time Required: 24-36 months (great variation depending on the response time of various government agencies).

Must be a teaching faculty member.

Must show our determination that we hired most qualified individual available; no additional search required.

Must apply for this processing within 18 months of when the job was offered to the employee.

Time Required: 18-24 months.

Individual must have 3 years prior experience as teacher or researcher.

Must demonstrate a high level of expertise; this is shown through receipt of prizes for excellence in the field, membership in associations which require outstanding achievement, published material about the individual, participation as a judge of others, original contributions to the field, and authorship of scholarly articles.

Extensive documentation is required.

Time Required: 12-24 months.

Full-time teaching or AP Faculty in an on-going position requiring a minimum of a Master's degree (EB-2)

Must demonstrate that no US workers are qualified and available; usually requires a search under Virginia Employment Commission oversight. Must hold an advanced degree or show exceptional ability in the sciences, arts, or business with a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Process involves obtaining a Permanent Labor Certificate followed by an application for a resident visa.

Time Required: 24-36 months (great variation depending on the response time of various government agencies).

Professional Workers possessing a U.S. baccalaureate degree or foreign equivalent and that a degree is normal for entry into the occupation (EB-3)

Must be performing work for which qualified workers are not available in the U.S.

Education and experience may not be substituted for a baccalaureate degree

Process involves obtaining a Permanent Labor Certification and a permanent full-time job offer.

Time Required: 24-36 months (great variation depending on the response time of various government agencies).

Must be a teaching faculty member.

Must show our determination that we hired most qualified individual available; no additional search required.

Must apply for this processing within 18 months of when the job was offered to the employee.

Time Required: 18-24 months.

Individual must have 3 years prior experience as teacher or researcher.

Must demonstrate a high level of expertise; this is shown through receipt of prizes for excellence in the field, membership in associations which require outstanding achievement, published material about the individual, participation as a judge of others, original contributions to the field, and authorship of scholarly articles.

Extensive documentation is required.

Time Required: 12-24 months.