The Counties of Hidalgo and Willacy Counties have declared a flood emergency warning and asked that everyone stay off the roads. Campuses are closed.
The University of Texas Rio Grande Valley is actively looking for talented individuals seeking employment in higher education. UTRGV has positions that range from A/C Mechanic to Web Developer and everything in between! We encourage you to visit us at careers.utrgv.edu for a complete list of all currently available jobs.
As a current employee, you can use these resources as a helpful guide. If you still have questions, please reach out to us at hr@utrgv.edu
Student employment can be a fundamental part of a student’s educational experience, promoting engagement and providing professional development opportunities in an effort to retain, graduate, and prepare students for the workplace.
As a manager, you have many responsibilities to your employees and the university. You also probably receive a lot of tricky questions about everything from hiring new employees to workplace concerns.
UTRGV provides a competitive benefits package that includes insurance and retirement benefits in addition to other programs and services. Including additional programs that range from health to Tuition Assistance. Click here to learn more.
Contact the Office of Human Resources
Immigration Services
Alberto Castillo Immigration Services Manager
To make an appointment, please email us and send us an outlook invite, or call us.
Phone: 956-665-3021
Email: alberto.castillo@utrgv.edu
Petitions filed with USCIS to secure permanent residence for a foreign national employee. Petitions are usually filed by a US employer but may be self-filed by a qualified foreign national. Petitions filed by a US employer require evidence of a full-time offer of employment for an indefinite duration (i.e. employment relationship has no fixed end date).
Aliens residing in the U.S. or abroad are eligible to apply for this designation, provided they meet two general qualifications stipulated by U.S. Citizenship and Immigration Services (USCIS):
A major, internationally recognized award like an Olympic Medal, Nobel Prize, or Oscar will meet these general standards.
In the absence of such a rare honor, however, applicants can still demonstrate their extraordinary abilities, supported by extensive documentation, by meeting any three of the following 10 criteria:
In addition to fulfilling the above criteria, applicants must prove that they will continue to pursue work in the U.S. in the field in which they have demonstrated extraordinary abilities. To this end, they strive to show that their work is of substantial and prospective benefit to U.S. national interests.
UTRGV employees are eligible to apply for this designation, provided they meet three general qualifications stipulated by U.S. Citizenship and Immigration Services (USCIS):
Note that research or teaching experience accrued while in pursuit of an advanced degree, such as a Ph.D., can be counted toward this requirement, but only in three scenarios:
UTRGV Employees must document their work history with letters from UTRGV and former employers describing work duties and duration of employment.
A permanent job offer is one in which an employee has a reasonable expectation of future employment. As a general rule, all job offers are considered permanent job offers, with the exception of contract positions that specify a particular duration of employment. Part-time jobs are considered permanent job offers, provided there is no fixed termination date.
As with all employment-based, first-preference petitions, EB-1B petitions do not require a labor certification. However, the UTRGV employee seeking permanent resident status on the basis of an EB-1B classification must have secured the requisite job offer with UTRGV.
In sum, The UTRGV employee must include documentation supporting at least two of the following six criteria:
Procedurally, the EB-1B is filed by an employer with Form I-140, Petition for Alien Worker.
Special Handling is limited to tenure track teaching positions at institutions of higher education. This means the position must involve some amount of actual classroom teaching. Faculty members are not necessarily teachers, thus, non-teaching positions such as researchers, librarians, and other administrative staff must be processed through the regular PERM process. In practice, a tenure-tracked faculty position with a combination of teaching duties and administrative/research duties may qualify for Special Handling. Also, the hours dedicated to teaching duties need not be more than 50% of the total hours.
An important aspect of the Special Handling case is that the application must be filed within 18 months after the date the formal selection decision is made. If the application is not filed within 18 months, then UTRGV will not be eligible to file PERM for the alien under the Special Handling procedure. In practice, if the date of selection is not clear, the date the job offer is made may be considered as the starting date for calculating the 18-month period. The recruitment procedure must be very extensive and well documented by the individual UTRGV department, indicating the procedures involved in the selection and recruitment. It is important for UTRGV departments and UTRGV employees to be aware of this deadline. In the event that the UTRGV department missed the filing deadline, UTRGV has the option to reopen the nationwide recruitment process or go through regular PERM processing. However, either of these makeup procedures is very complicated and involves risk.
The position that the UTRGV employee has received must have been advertised during the recruitment process in a national professional journal (such as the Chronicle of Higher Education), before selection. The advertisement must have been posted at least once in the hard copy version of the journal, or for 30 calendar days in the journal’s electronic version. This advertisement must contain the job title, duties, and requirements, but the wage offered is not necessary. A copy of at least one print version of the advertisement or proof of the online posting (printed copies of the online advertisement from the first and last days of advertising) with the name and date of publication must be provided.
PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that your department communicates with IS as soon as they support your PERM.
It is important for UTRGV departments and UTRGV employees to be aware of this deadline. In the event that the UTRGV department missed the filing deadline, UTRGV has the option to reopen the nationwide recruitment process or go through regular PERM processing. However, either of these makeup procedures is very complicated and involves risk.
The minimally qualified vs. more qualified distinction plays an important role depending on a job’s teaching status. If an alien is offered a job that does not contain a teaching component, then the alien will be subject to the minimally qualified requirement, in which the employer must prove that there is no qualified U.S. worker available to accept the job offer. But if an alien is offered a teaching position at UTRGV then the “more qualified” standard is used.
If a PERM is being filed for an alien in a teaching position, then the position will be subject to the “more qualified” standard. In this standard, the application for labor certification can be approved if it is shown that there are no U.S. workers who are at least as qualified for a position when compared to the UTRGV Professor. Therefore, the application can be approved even if several U.S. workers meet the minimum requirements for the offered position but none are equally as qualified as the alien. In other words, if the UTRGV Professor is found to be more qualified (i.e. more skilled and experienced) than any of the U.S. workers who apply for the job, the labor certification should be approved by the DOL. If a U.S. worker applicant is found to be as qualified as the alien then the PERM petition will be denied.
Regular, non-teaching PERM positions use the “minimally qualified” standard. A qualified U.S. worker means any U.S. worker who meets or exceeds the minimum requirements of education and experience as stated in the PERM application. Unfortunately, this means that if even one interested, able, and available U.S. worker meets the minimum requirements for the offered position, the labor certification application will be denied even if the UTRGV employee is the most qualified person for the offered position.
Before a UTRGV can file an immigration petition for a foreign worker for most positions covered under EB-2 and EB-3 visas, the U.S. Department of Labor (DOL) must approve a labor certification. To this end, the employer submits ETA Form 9089 to DOL, which then must confirm to U.S. Citizenship and Immigration Services (USCIS) that the employer has satisfied two conditions:
In brief, the PERM process requires UTRGV to conduct a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then we can submit a PERM labor certification application.
UTRGV IS submits the labor certification applications electronically to DOL for adjudication. While we do not have to submit supporting documents at the time of filing, we must have conducted all recruitment activities and compiled all documentation prior to filing. Documents that we may use to demonstrate recruitment activities include website printouts, newspaper tear sheets, and job orders. (In the event of a potential audit or review down the line, IS saves this documentation for five years.)
Originally, DOL expected an electronically filed PERM labor certification application not under audit to be adjudicated in roughly 45 to 60 days. The current processing time for PERM applications is closer to 90 days, however. If DOL selects a case for auditing, UTRGV is required to submit all requested documents within 30 days. Audit requests that go unanswered can result in the case being designated abandoned, and DOL may require UTRGV to undergo supervised recruitment for any labor certification applications in the future.
After DOL approves a labor certification, we will file the associated immigrant petition with USCIS before the labor certification’s validity period, which lasts 180 days, expires.
Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with the immigration services manager as soon as your department wants to go through this route.
This petition falls in the employment-based, second-preference (EB-2) immigration category. For most EB-2 applications, petitioners need a permanent job offer and an approved labor certification. However, an NIW requests these requirements be waived for the sake of the “national interest of the United States,” thus allowing an applicant to apply for this status without a labor certification or a job offer from a U.S. employer.
In order to qualify for an NIW petition, a beneficiary or applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the United States to waive the standard requirements of a job offer and labor certification. While each NIW case is adjudicated on its individual merits, the burden of proof is always on the applicant or beneficiary to establish that exemption from labor certification will be in the national interest of the U.S.
In order to qualify for an NIW, you must first satisfy the requirements for an EB-2 petition.
Possessing either an Advanced Degree or Exceptional Abilities qualifies you for an EB-2.
In sum, you must possess at least one< of the following minimum requirements:
After the applicant meets the above requirements for an EB-2, the applicant must additionally satisfy the requirements of a three-prong test to show that he or she can benefit the national interest of the United States. The applicant must provide evidence that:
Congratulations on the recent approval of your permanent residence application! You have been issued a Permanent Card (green card). The following is to provide you with information on your rights and obligations as a lawful permanent resident of the United State. For additional information on maintenance of status obligations and for helpful information about living in the United States as a permanent resident, please refer to the USCIS guide, Welcome to the United States: A Guide for New Immigrants, which is available on the USCIS website.
A lawful permanent resident is authorized to reside in the United States permanently. Lawful permanent residents, including condition permanent residents, who obtained permanent residences through ways other than through employment are authorized to work in the United States without restrictions as to location, employer, or type of employment. While citizenship conveys certain rights and privileges not available to permanent residents, you are not obligated to become a U.S. citizen and may remain a permanent resident indefinitely once you have filed to remove the conditions of your permanent residency.
Although there are some restrictions and limitations on what permanent residents may do, these are rather limited. A permanent resident generally cannot vote, run for public office, serve on jury duty, or gold a Federal Civil job.
As a lawful permanent resident of the United States, you will continue to be subject to U.S immigration laws. You have the obligation to maintain a legal residence in the United States and to file U.S. income tax returns as a legal resident. A permanent resident must also maintain permanent resident status or the resident is subject to removal proceedings and exclusion from the United States upon commission of any act that serves as a ground for removal or exclusion, such as criminal activities.
If your Social Security card was issued with an endorsement that did not permit employment authorization, you should apply for a new Social Security card so that you can obtain a card without a work restriction on it. You will keep the same Social Security number. When you apply for your new card at a Local Social Security Administration office, submit a copy of your permanent resident card as evidence of your work authorization. Social Security Administration offices are listed in the blue pages of the business telephone directory or you refer to www.ssa.gov .
A lawful permanent resident is subject to U.S. income taxation, regardless of the source of income. Failure to pay and file tax returns on all sources of income could subject you to penalties under the Internal Revenue Code and possible rescission of permanent residence status. If you fail to file your federal tax return, or, file as a “non-resident” then you could jeopardize your ability to retain your permanent resident status severely and impact your eligibility for filing for naturalization to U.S citizenship. We recommend that you contact a tax advisor for more information regarding the tax implications of your new lawful permanent resident status.
You may register at the Selective Service System website at www.sss.gov . After registration, you should receive a selective service registration card in the mail. You will need the card should you file for naturalization in the future. All males between the ages of 18 and 26 in the United States as immigrants are required to register with Selective Service.
Receiving public assistance, whether federal or state, within five years of approval as a permanent resident could be a basis for losing your permanent resident status and removal from the United States.
You are required to notify USCIS of any change of residential address within 10 days of that change. Failure to do so could result in serious consequences. Form AR-11 should be used for this notification. This form may be obtained and completed online from the USCIS website at www.uscis.gov. Each family member must submit a separate form to the USCIS direct.
In any correspondence with USCIS, you should refer to your “A” or Alien Registration Number, which is on your Permanent Resident Card. Please print out the confirmation number that is provided to you once you have completed and submitted the form through the USCIS website for your record.
The immigration law requires all foreign nationals 18 years and older to have in their possession evidence of lawful immigration status. For permanent residents, this includes the permanent resident card (green card) or an I-551 stamp that is temporary evidence of lawful permanent resident status. Failure to comply with this provision may result in a civil fine, imprisonment, or both.
As a permanent resident, you are obligated to maintain your status through the retention of legal residence in the United States. Although lawful permanent residents are not restricted from international travel, a prolonged absence of 6 months or more may be considered interruptive of maintenance of permanent residence for purpose of naturalization to U.S citizenship and re-entry to the United States. There are three steps that can be taken to avoid abandonment of permanent residence status: A re-Entry Permit; a Special Immigration Visa; and an approved Application to Preserve Residence for Naturalization Purposes.
Absences of six months or more could result in an inquiry regarding your possible intent to abandon your permanent residency. For this reason, it is generally recommended that you apply for a re-entry permit (Form-131) before departing on a trip that will be for more than 6 months. In order to apply for the re-entry permit, you must be physically present in the United States at the time of filing and provide proof of your physical presence. The re-entry permit will indicate your intent to preserve the permanent residence, and USCIS may be less inclined to inquire in detail regarding your intentions to maintain a permanent residence. The re-entry permit is valid for two years and cannot be extended or renewed while you are abroad.
In addition, if you have an absence from the United States exceeding one year and/or repeated absences of six months or more within only a brief visit to the United States, you should carry or have readily available for inspection, evidence of your intent of retaining your permanent residence in the United States. This evidence can take the form of titles to real or personal property in the United States, a lease to residence or property, bank account statements, securities or other assets or investments, driver’s license, Social Security Card, credit cards, and confirmation of U.S employment or of your temporary assignment abroad.
Depending on the circumstances surrounding your case, if you move from the United States then you could be considered to have abandoned your permanent resident status. Merely obtaining a re-entry permit prior to departure does not, in and of itself, preserve resident status, nor does it constitute conclusive evidence of your intent to remain lawful permanent resident status in the United States. Also, because the residence requirements for citizenship are different from the requirements to maintain permanent residence, obtaining a reentry permit for periods spent out of the United States does not preserve your residence for naturalization purposes.
A special Immigrant Visa is an application for admittance to the United States made once an individual has been outside of the United States for a period of more than one year. The application (Form OF-230)
Requires evidence of legal permanent status, an intention to return at the time of departure, and a temporary visit abroad or reasons why the say became protracted. The U.S. Consular officials will review the evidence and determine whether the individual qualifies for the issuance of the Especial Immigrant Visa.
Lawful permanent residents who must leave the United States for certain employment purposes and who wish to preserve his/ her continuous residence to pursue naturalization may file an application to Preserve Residence for Naturalization Purposes (Form N-470). In order to file the application, you must be physically present and residing in the United States for an uninterrupted period of any absences, for at least one year after your admission as a lawful permanent resident (except religious workers). The application may be made if the person has not been outside of the United States for one continuous year although the individual is currently outside of the United States. An approved application preservers the U.S. residence for naturalization purposes and considers the time actually spent abroad as time spent in the United States. The approved application also serves as evidence of continued U.S. permanent residence. This application may be used by individuals who qualify but do not necessarily have the intent to become U.S. citizens.
You may be eligible for naturalization to U.S. citizenship 5 years from the date you became a permanent resident. (If you are married to a U.S. Citizen, you may be eligible to apply 3 years from the date you became a permanent resident and have been married for 3 to the U.S. Citizen at the time of the naturalization interview.) You must meet the physical presence requirement of at least two and a half years (one and half years of physically present in the United States if based on marriage to a U.S Citizen).
For purposes of maintaining a record of absences from the United States, we highly recommend that you keep a written inventory of all trips outside of the United States with dates of departure and return, names of airlines and flight numbers, destination cities, and the purposes of the trips. Retain all airline receipts since airlines often do not keep reliable records for a very long time. In addition, you should note any travel to Canada and Mexico by bus, train, or automobile. The accuracy and thoroughness of your records could prevent problems in the future when applying for a re-entry permit or naturalization.
The federal anti-discrimination statutes and immigration laws generally prohibit a legal entity from discriminating against any individual with respect to the hiring or recruitment or referral for a fee, employment, or discharge from the job because of (a) such individual’s national origin; or (b) in the case of a “protected individual”, because of such individual’s citizenship status.
A “protected individual” is a citizen or national of the United States or a foreign national who is a lawful permanent resident, a lawful temporary resident, a refugee, or a person granted asylum. However, a permanent resident is not considered a “protected individual” if (1) the permanent resident fails to apply for naturalization within 6 months of the date of becoming eligible to apply for naturalization, or (2) if the permanent resident has applied for naturalization on a timely basis but has not been naturalized as a citizen within two years after the date of the application unless the permanent resident can establish that he or she is actively pursuing naturalization.
Your Permanent Card (green card) should be issued for a 10-years period. At the end of the 10 years and provided that you continue to meet the requirements for permanent residence, must apply for a new permanent residence card unless you have become a U.S. citizen. An application for a renewal or replacement permanent resident card can be made.
Minor children who received their permanent cards when they were under 14 years of age will need to file for renewal of their cards upon turning 14 years old. If you need assistance, please contact us several months in advance.
This article is made available for information purposes only and does not constitute legal advice.
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