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Attorney_22

Professors & Researchers

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This week, Murthy Law Firm attorneys will answer questions regarding immigrant and nonimmigrant options for professors and researchers.      

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

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Questions: H1B and Greencard for non-tenure track and tenure-track positions at universities 

1. Can a non-tenure track position get H1B visa, but it does not lead to a Greencard?

2. Can a tenure track position get both H1B visa and a Greencard?

3. If a non-tenure track position converts a tenure track position at the same university, can it lead to a Greencard? 

4. Is an employer (university) allowed to pay $1.440 "Premium Processing" fee to expedite processing H1B application for two weeks instead of 6 months processing?  Is an employee (non-tenure track position or/and tenure track position) not allowed to pay the premium processing?  

5. Is there different visas between non-tenure track position and tenure-track position (e.g. a non-immigrant employment visa petition (I-129) and immigrant visa petition (I-140)? 

6.  Is there anything to add related to immigrant and non-immigrant employment options for professors at universities? 

Edited by Yara

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There are nuances to your questions, but generally, both tenure and non-tenure track positions at universities can be eligible for an H1B as long as the position is considered a specialty occupation. In either case, both are eligible for the green card process, the only difference may be which process is applicable, and which makes the most sense for the position and individual. To discuss the options available it is best call our office and speak to an attorney. 

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