International Faculty

To start, it is important to note that a status is not a visa. "Visa" refers to the stamp you receive in your passport while "status" refers to your formal immigration classification in the U.S. and can be found on your I-94 record.

The H-1B status is employer and job-specific and requires an employer to file applications with the U.S. Department of Labor and U.S. Citizenship & Immigration Services (USCIS) in order to sponsor an employee for work within the U.S. This status provides authorization to work for up to six years.

The Labor Condition Application (LCA) is filed by Chico State and contains a collection of attestations that the person being hired is receiving equitable pay and benefits, is receiving equitable working conditions, there are not current labor disputes, such as a strike, and that the faculty bargaining unit (CFA) has been notified of the new hire.

The Prevailing Wage Determination (PWD) is filed by Chico State. The Immigration and Nationality Act requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the law, the U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment. The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.

It is Chico State’s responsibility to pay all fees and costs associated with the PERM labor certification process, which includes the LCA and PWD.  Chico State retains an attorney to prepare and submit applications for PERM labor certifications on its behalf and is responsible for and pays all legal fees and costs incurred for those services. 

The Permanent Labor Certification outlines Chico State’s recruitment efforts regarding the position hired for and why the faculty member hired is more qualified than each U.S. worker who applied for the position along with other important information.  The Department of Labor must approve this application before the international faculty member can advance to the next step in the process.

It is Chico State’s policy to file PERM cases with the Department of Labor for all eligible tenure-track faculty. The PERM application must be filed with the Department of Labor within 18 months of the offer of employment.  As such, the PERM application process should be started soon after the international faculty member has been selected for a tenure-track position.

It is Chico State’s responsibility to pay all fees and costs associated with the PERM labor certification process.  Chico State retains an attorney to prepare and submit applications for PERM labor certifications on its behalf and is responsible for and pays all legal fees and costs incurred for those services. 

Once a PERM application is certified (approved) by the Department of Labor, the I-140 Immigrant Worker Petition must be filed within six (6) months of the approval date by the faculty member or their own attorney. The I-140 form is a petition filed with USCIS indicating that Chico State is the employer sponsoring a worker as an immigrant in a permanent, full-time position.

Unlike the LCA, PWD, and PERM applications, there are no restrictions on who may pay for the fees and expenses associated with the I-140 petition. It is Chico State’s policy to not pay any fees or costs that are unrelated to the PERM labor certification process.  The sponsored faculty member is, therefore, responsible for all fees or costs that fall outside of the PERM labor certification process. This includes, but is not limited to, any legal fees or costs associated with the I-140 petition and the I-140 filing fee. 

The final step in the permanent resident process is the filing of the I-485 Application to Adjust Status.  An I-485 is an application filed by the sponsored faculty member or their attorney to adjust their status to that of a permanent resident. The filing time for the I-485 is dependent on both when the PERM was filed and, in some cases, what country the faculty member was born in.

As stated above, it is Chico State’s policy to not pay any fees or costs that are unrelated to the PERM labor certification process.  This includes, but is not limited to, any legal fees or costs associated with the I-485 application and the I-485 filing fee.

Faculty members are able to pursue additional immigration processes on their own in addition to or in place of the H-1B process as long as they maintain eligibility to work in the U.S. One common process explored is the O-1 Visa. To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability. It is Chico State's policy to only pursue the H-1B process. However, we will support a faculty member to the best of our ability if they choose to pursue a different process.

For more information, see USCIS's O-1 Visa information(opens in new window) page.

Faculty members are able to pursue additional immigration processes on their own in addition to or in place of the H-1B process as long as they maintain eligibility to work in the U.S. One common process explored is the EB-1B process. To qualify for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met. It is Chico State's policy to only pursue the H-1B process. However, we will support a faculty member to the best of our ability if they choose to pursue a different process.

For more information, see USCIS's EB-1 information(opens in new window) page.

All individuals in H-1B, TN, E-3 and O-1 status are eligible for a Social Security Number (SSN). SSNs are only issued once (though you can replace the card if you have lost one). If you don't have a SSN, you will have to apply for one in person at the nearest Social Security Administration (SSA) office. When applying for your SSN, you will need to bring:

• Passport,
• I-94 card or record,
• I-797 Approval Notice (if applicable)
• Offer letter (recommended)

Note that you should wait to apply for your SSN until you have been in the U.S. for at least a week to ensure that your information is available to the SSA office.  For more information on how to apply for a SSN, please see SSA's Request Social Security Number for the first time(opens in new window) page. To find a SSA office near you, please see SSA's Social Security Office Locator (opens in new window)page.

Any Californian who can prove their current legal presence in the United States (U.S.) with one of the accepted identity documents (original or certified copy) is eligible to receive a REAL ID driver license or identification (DL/ID) card from California's Department of Motor Vehicles (DMV). For Californians with temporary legal status, their REAL ID DL/ID card will expire on the same date as their U.S. legal presence document, and they can receive a new card with a documented extension of their legal status.

For a list of acceptable documents and more information, please see DMV's Real ID Info: Non-U.S. Citizens(opens in new window) page. To find a DMV office near you, please see DMV's Locations (opens in new window)page.