Immigration Services for Faculty and Staff

See https://generalcounsel.rpi.edu/research-security-and-export-control for more information.

The term “Export Controls” refers collectively to the body of U.S. laws and regulations that govern the export, transfer or release of controlled “items,” software,” or “information” to a “foreign person,” a foreign entity, or a foreign country.  The regulations are very complex and the interdependency of a section within a regulation or the applicability of the various laws and regulations requires careful review.

Export controls are U.S. federal government laws and regulations that require federal agency approval before the export of controlled items, commodities, technology, software, information or technical assistance to restricted foreign countries, nationals/persons, and entities (including universities).

A foreign national worker is an individual who is not a U.S. Citizen or a U.S. Lawful Permanent Resident.

An export control review is required at each of these junctures before and during a foreign national worker’s employment with RPI:

• Before hire
• Before an appointment is extended
• When there is a promotion or other position change
• When work authorization is extended
• When an employee changes work authorization status

1. HR or ISSS collects information
   1. H-1B, OPT, O-1A, and all others
      1. RPI HR will collect the questionnaire from the PI or supervisor 
      2. RPI HR will provide the completed questionnaire, the CV, and the job offer letter (If available) to export control office.
   2. J-1
      1.  The ISSS Office will collect the questionnaire from the PI or supervisor as soon as the Offer Letter and the draft DS-2019 is received.
      2. ISSS will provide the completed questionnaire, the CV, and the job offer letter (If available) to export control office.
2. Export Control Office conducts review
   1. This office will contact the PI or supervisor if additional information is needed.
3. Export Control Approval or Denial
   1. The Export Control office notifies the ISSS or HR staff of their decision.
   2. If denied, language in all of RPI’s offer letters allows RPI HR to rescind an offer.
   3. If approved, ISSS or HR may proceed with the work authorization process.

Early assessment

• When candidates are from sensitive countries, or if their research intersects with sensitive national security topics, the Supervisor or PI can request a preliminary review.
• The supervisor should reach out to the Director of Talent Acquisition to initiate the process.
• The review will be repeated once there is an offer letter and a known plan for work authorization sponsorship

• Hiring? Start Here! | Human Resources 
• Identify candidates for interviews and selection without regard to national origin.
  • HR is available to answer questions about immigration posed by managers, committees, or foreign national candidates during the interview and selection process. Write to  hrmail@rpi.edu.
• Select your candidate.
• Make sure this candidate has completed an online job application at this link: https://careers.rpi.edu 

• Go here to view information about RPI’s online applicant tracking system, 
• Please note that citizenship and national origin should not be discussed as part of the interview process. However, you are permitted to inquire whether the individual is legally authorized to work in the US and if they will require sponsorship.
  • If the hiring team or the candidate have questions during the interview process, RPI HR is available to discuss their questions.
• The department business or administrative staff submit an offer card through the applicant tracking system so that it arrives in HR at least three (3) months before the proposed start date; six (6) months is recommended. 
  • Processing times vary greatly based on visa type and various external factors
  • If the candidate is currently located outside the U.S., we encourage submission of the offer card six (6) months prior to the proposed start date.

• This is completed electronically using the applicant tracking system.

• This is completed by the candidate electronically through the applicant tracking system.
• The candidate completes an initial new hire information form, that includes information about citizenship.

• This step may start sooner if the candidate indicates that they need assistance earlier in the process.
  HR may consult with Immigration Counsel and the worker to determine the most suitable visa or work authorization option.
• HR approves the work authorization category that RPI will pursue.
• The next steps are determined based on the type of work authorization selected. Please go to the next session for details about common work authorization categories at RPI.

Which positions are NOT eligible for H-1B Sponsorship?

• Positions not described above;
• Student workers;
• Non-exempt staff;
• Adjunct faculty;
• Part-time positions that are fewer than 1560 hours in a 12-month period;
• Appointments that are less than one academic year; and
• Incumbents of positions that do not require a bachelor’s degree or higher.

Process:

1. Department submits an offer card through the online applicant tracking system at least six (6[EM1] ) months before the proposed start date.
   • Please note that offer cards submitted later will likely result in a start date that is later than desired.
2. After the offer is extended and accepted via the applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.
3. HR sends an intake form and export control questionnaire to the hiring manager and the business or administrative staff person.
4. The hiring manager completes and returns the intake form and the signed export control questionnaire.
5. HR initiates an export control review.
6. HR opens a case with RPI’s immigration team by providing the intake form, CV, and offer letter.

Costs related to H-1B that are not covered by RPI

• Dependents: 

  • Costs to add or remove a dependent. Employees may pay this on their own.

  • Cost of applying for a dependent Employment Authorization Document (EAD). The employee may pay for this on their own.

• Premium processing: RPI will pay for premium processing for the first time H-1B only. 

• Extensions and ports from another employer do not require premium processing to secure work authorization.

• When an H-1B extension petition is filed in a timely manner, under 8 C.F.R. §274a.12(b)(20), the beneficiary is authorized to continue to work for up to 240 days beyond the expiration of status while the extension petition is pending, or until USCIS issues a decision on the petition, whichever comes first.

• In many cases, the employee may choose to pay for premium processing on their own. 

Important considerations:

• Prevailing Wage: To sponsor an employee for an H-1B, the employer must pay at least the prevailing wage as determined by the department of labor. For questions about prevailing wage, please contact hrmail@rpi.edu.

• Timeline: The eight-week estimate assumes that the department and the worker respond promptly to requests from HR and immigration counsel, and that USCIS does not issue any additional requests that would delay the process.

• Honorarium and outside employment: H-1B employees may not accept an honorarium or any other kind of wage payment from an employer other than RPI. Getting reimbursed for expenses is allowed.

• Please go to the FAQ section for more information regarding honoraria and outside employment.

• H-1B Travel Restriction: In September 2025, the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers imposed a $100,000 payment for H-1B beneficiaries who seek to enter or re-enter the U.S. in H-1B status. RPI will not pay this fee. Therefore, RPI will sponsor a worker for an H-1B only if the worker is already in the U.S. and if the worker agrees to remain in the U.S. for the duration of RPI’s H-1B sponsorship. The proclamation does not apply to H-1Bs that were filed prior to September 20, 2025.

  • In June 2026, a federal judge struck down the September 2025 presidential proclamation that resulted in a $100,000 fee to process an H-1B who is outside of the United States.   However, because the current administration is likely to file an appeal and/or seek a stay while the matter is reviewed by various courts, RPI will continue to pursue non-H-1B options while the courts come to a final decision.

• Volunteering as an H-1B visa holder: H-1B visa holders may volunteer for humanitarian causes. H-1B visa holders may not perform work that is related to their profession without being paid. 

• Taxation: An H-1B visa holder is subject to income tax and related withholding like any U.S. citizen. If you have been exempted from FICA and Medicare withholding based on your prior visa status (F-1 and J-1 students who meet certain conditions are the most common examples), that exemption terminates as soon as your H-1B visa begins. If RPI’s payroll does not begin withholding these taxes, as of the date your H-1B visa is effective, please bring it to their attention promptly. You will be personally liable for these taxes if they are not properly withheld.

• Early termination: The Immigration and Nationality Act renders a petitioner (employer) liable for the reasonable cost of return transportation for an H-1B, H-2B, O, and P beneficiary who is dismissed before the end of the period of authorized admission

For additional background information about the H-1B visa, please visit the USCIS website or contact the Division of Human Resources at hrmail@rpi.edu.

Process: 

1. F-1 students must work with their home school’s international student and scholar services department.

2. Departments must submit an offer card through the online applicant tracking system at least three (3) months before the proposed start date; six (6) months is recommended.
3. After the offer is extended and accepted via the online applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.

4. If OPT is identified as the suitable option, the newly hired employee will be directed to their sponsoring school’s International Services Office

5. HR will initiate an export control review immediately

6. The newly hired employee will be advised to bring the card to HR as soon as it is received.

Important considerations:

• Use your OPT first: RPI expects F-1 OPT eligible workers to utilize their 12 months of OPT prior to RPI sponsorship for another work authorization type.

• F-1 OPT students cannot work until they have received the physical card (Form I-766) and have presented it to HR for the completion of their Form I9.

• STEM OPT Extension: Unfortunately, RPI cannot employ STEM OPT EAD cardholders.  See FAQ for additional information.

• Volunteer/Unpaid Appointment: RPI does not allow F-1 OPT students to voluntarily perform work that would normally be performed by a paid employee.

• Dependents: The foreign national employee is responsible for working with their home school’s ISSS department to ensure dependents remain in an appropriate status.

• Timing and Expiration: Contact the Division of Human Resources at hrmail@rpi.edu at least three months before your initial OPT expires to discuss options for continued employment.

Visit http://info.rpi.edu/isss for detailed information about J-1 programs at RPI

Process: 

1. Departments must submit an offer card through the online applicant tracking system at least three (3) months before the proposed start date; six (6) months is recommended.

2. After the offer is extended and accepted via the online applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.

3. If J-1 is identified to be the suitable option:

   • ISSS requires the offer letter to initiate the DS-2019 process therefore, the department must submit the offer card to HR before contacting ISSS.

   • HR will provide the employee’s offer letter to the department, the employee, and the Office of International Services for Students and Scholars (ISSS), with instructions to work with ISSS to secure the J-1.

   • Export Control review will be initiated by the Office of ISSS.. 
4. Once the DS-2019 has been issued, ISSS will work with the inviting department and exchange visitor to initiate the visa application process.
   • As part of this step, the department is responsible for creating a shipping label for the original DS-2019.
   • ISSS will then forward the document to RPI Central Receiving for shipment to the exchange visitor.
5. See Host Departments | International Services for Students and Scholars for more information

Important considerations:

• Work Authorization: 
  • J-1 nonimmigrants may enter the U.S. specifically to work or to engage in an unpaid exchange experience. Paid employment is authorized for J-1 nonimmigrants only under the terms of a specific exchange program that is approved by RPI’s ISSS Office, as the program sponsor.
• 2 Year Home Country Physical Presence Requirement:
  • A J-1 visitor may be subject to a 2-year Home-country Physical Presence Requirement. Conditions which trigger this requirement may be one or multiple of the following:
    • Government funding provided for the exchange
    • Graduate medical education or training 
    • Specialized knowledge or skill (skills list)
    • Consular officer determination at the visa interview
  • If subject to this requirement: 
    • The J-1 visitor must spend two years physically present in their home country after completing the J-1 period of stay in the U.S. before they are eligible to change status in the U.S. to a different visa status or apply for certain visas (H, L, K or permanent residency/Green Card).
  • If not waived or complied with, J-1 foreign residency requirements may pose significant restrictions on the Exchange Visitor’s ability to change status in the U.S., such as the ability to apply for a green card or obtain a nonimmigrant visa such as an H-1B.
  • Waiver of home country requirement: If subject to the requirement, the exchange visitor may visit the http:/travel.state.gov website for information about a Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement, and may contact the ISSS Office with any questions about this process. 
     

How long does it take?

• The entire process, from job offer to receiving the approval notice can take six (6) months or longer

• This timeline assumes that the department and the prospective foreign national worker respond promptly to requests from HR and immigration counsel, and that USCIS does not issue any additional requests that would delay the process.

  • HR will send an intake form and export control questionnaire to the hiring manager and the business or administrative staff person who provides support to the hiring manager.
  • The hiring manager completes and returns the intake form and export control questionnaire.
  • HR initiates an export control review

  • HR opens a case with RPI’s immigration team at Whiteman, Osterman, and Hanna by providing the intake form, the CV, and the worker’s offer letter.

Process:

After the offer is extended and accepted via the applicant tracking system, HR will contact the foreign national worker to assess their work authorization needs.

If an O-1A is identified to be the suitable option:

Important considerations:

• Early termination: The Immigration and Nationality Act causes the petitioner to be liable for the reasonable cost of return transportation for an H-1B, H-2B, O, and P beneficiary who is dismissed before the end of the period of authorized admission.

• Premium processing: RPI will pay premium processing for a first time O-1A only. 

  • Extensions do not require premium processing to secure work authorization. 

  • When an O-1A extension petition is filed in a timely manner, under 8 C.F.R. §274a.12(b)(20), the beneficiary is authorized to continue to work for up to 240 days beyond the expiration of status while the extension petition is pending, or until USCIS issues a decision on the petition, whichever comes first.

  • In some cases, the employee may choose to pay for premium processing on their own.

• USA-Mexico-Canada Professionals (TN Visa) 

What is it? The U.S.-Mexico-Canada Agreement (USMCA), formerly known as the “North American Free Trade Agreement” (NAFTA), created special economic and trade relationships for the U.S., Canada, and Mexico.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level.

Process: Once a job offer has been accepted, HR will work with individuals from Canada or Mexico to determine if the TN visa is right for them.

• Employment Authorization Document | USCIS (EAD)

What is it?      An Employment Authorization Document (EAD) is not a single category, but a document that is produced as a result of a multitude of other immigrant or non-immigrant processes. Some of the reasons that a foreign national worker may receive an EAD include:

• The foreign national worker is authorized to work in the U.S. because of their immigration status or circumstances, such as being an asylee, refugee, or crime victim nonimmigrant and that foreign national worker needs evidence of that employment authorization. 
• The foreign national worker is required to apply for permission to work (that is, the individual needs to request employment authorization itself) because:
  • They have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
  • They have a pending Form I-589, Application for Asylum and for Withholding of Removal; or,
  • They have a nonimmigrant status or circumstance that allows them to be in the U.S. but does not allow them to work in the U.S. without first seeking permission from USCIS (such as an F-1 or M-1 student).

Process: 

• RPI will employ qualified individuals who have these documents and who have been selected for employment independently from their immigration or citizenship status.
  • RPI does not sponsor or pay for individuals to secure these non-employment-based statuses, unless this is the result of an RPI sponsored action. 
  • The Division of Human Resources will review the card to ensure eligibility to work at RPI.

For additional background information about Employment Authorization Documents, please visit the USCIS website or contact the Division of Human Resources.

Lawful Permanent Residents (LPRs) are non‑U.S. citizens legally authorized to live and work in the United States permanently. There are several categories and sub-categories of Lawful Permanent Residency, such as family based and employment based.

Lawful Permanent Residents may engage in many of the same activities as US citizens. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They also may apply to become U.S. citizens if they meet certain eligibility requirements. 

Employment Based (EB) is one broad category of Lawful Permanent Residency (Green Card). This is a type of petition that is based on the alien’s career and documentable professional accomplishments. Many EB categories require the sponsorship of an employer, with the alien worker being considered the beneficiary. Each year, the U.S. makes available approximately 140,000 immigrant visas for aliens (and their spouses and children) who seek to immigrate based on their job skills, and these are known as Employment Based (EB) lawful permanent resident categories.

Employment Based petitions are divided into preferences: 

• 1st preference categories are called EB-1
  • 2nd preferences are called EB-2
  • There are subcategories within each preference, which define the eligibility criteria.  Examples: EB-1a: Alien of Extraordinary Ability or EB-2, National Interest Waiver (NIW)

The preference is related to the priority date and adjustment of status and directly relates to the allocation of one of the 140,000 green cards annually. Please see the FAQs for those topics for more information. 

Lawful Permanent Residents (LPRs) are aliens who are lawfully authorized to live permanently within the U.S. Importantly, faculty and researchers who are LPRs may find that they are eligible for more external research funding as an LPR.

Who is not eligible for EB sponsorship at RPI:

Positions that are not eligible for sponsorship for lawful permanent residency at RPI include, but are not limited to:

• Postdoctoral Research Associates 
  • By definition, postdoc appointments are not permanent
  • Some postdocs may be able to self-petition at their own expense. Contact hrmail@rpi.edu.
• Adjunct Faculty
• Part-time faculty, researchers, or other staff (part time being less than 1560 hours in a calendar year)
• Non-exempt (hourly) positions
• Positions not requiring an advanced degree
• Non-research fixed-term, temporary positions
• Non-research positions, regardless of funding
• Research positions without reasonable expectation of ongoing funding.

 Timeframes vary widely. The majority of eligible RPI employees receive their “Green Card” somewhere between three (3) and eight (8) years. It’s helpful to think about the Employment Based Immigration process at RPI in stages.

• There are five broad stages that individuals go through when applying for a “Green Card.” These are listed below with estimated time frames. 
• These estimates are provided for informational purposes only. There are innumerable variables that can impact the actual amount of time the process takes. 
• These time estimates assume that the employee responds to requests for information promptly and thoroughly.

Lawful Permanent Residency, Getting Started:

1. Identify eligible employees:
   1. HR uses the criteria described earlier to identify employees who are eligible for sponsorship (see Section V)
2. HR creates a case with W.O.H.
3. Immigration attorney evaluates options:
   1. The attorney collects the CV, the publications and citations list, information about achievements, awards, and other distinctions, the job description, and other information from the foreign national worker.
   2. The attorney performs an analysis of the worker’s credentials to determine which category or categories may be suitable.
   3. The attorney makes a recommendation to HR.
4. HR selects and approves the option that best fits the following criteria, and in the following order:
   1. Option that is most likely to be successful.
   2. Option that will take the least amount of time.
   3. Option that is the least expensive. 
5. Immigration attorney partners with the worker and HR:
   1. The next step varies widely depending on the type of green card.
   2. See the next section for an overview of some common types of employment based green cards.
6. Maintain Status: RPI will sponsor valid work authorization status, such as H-1B, throughout the process, if the worker remains employed in a qualifying position. 

What follows is general information about lawful permanent residency categories most pursued by RPI faculty and research staff. Once RPI HR approves you and the law firm to proceed, the law firm will guide you with specific instructions regarding what evidence to collect, depending on the category that RPI HR has approved.

As a reminder, to view whether a position at RPI may be eligible for sponsorship for lawful permanent residency, go to section.

Workers are urged to not view the categories as a sign of their relative value. RPI does not value EB-1 workers more than EB-2 workers; RPI is only interested in the category that will be successful, that will be quick, and that will make the best use of its financial and other resources. The selection of a category often comes down to what kind of evidence the worker can produce and is that evidence that is likely to be accepted by USCIS officers.

What it is: The EB-1A is a U.S. green card category for individuals with extraordinary ability in science, arts, education, business, or athletics, allowing self-petition without employer sponsorship.

Criteria and other information: Chapter 2 - Extraordinary Ability | USCIS

What it is: The EB‑1B visa is an employment‑based U.S. Green Card category for “outstanding professors and researchers” who have at least three years of teaching or research experience, an international reputation in their academic field, and a qualifying U.S. job offer

Criteria and other information: Chapter 3 - Outstanding Professor or Researcher | USCIS

Advanced Degree Professional: may be available to members of professional occupations that require an advanced degree who have an offered position that is a professional occupation, defined as one of the occupations listed at INA 101(a)(32).  Requires a job offer and employer sponsorship.

Alien of Exceptional Ability: The term exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Requires a job offer and employer sponsorship.

No. RPI's participation in E-Verify does not qualify the Institute to employ individuals with the STEM OPT extension. RPI may consider sponsoring the worker for an H-1B, an O-1A, or a J-1.

RPI is a federal contractor and participates in the E-Verify program as required, on a limited basis. This level of participation does not allow RPI to employ individuals with a STEM OPT extension.

Not for petitions where RPI is the petitioner. In such cases, the worker is named as the beneficiary of the petition, and RPI is responsible for hiring the attorney. Individuals who are eligible for self-petition are encouraged to contact hrmail@rpi.edu prior to hiring their own attorney.

• RPI generally uses and pays for premium processing for all first time I-129 petitions (non-immigrant petitions).  This includes H-1B and O-1A. 
• Ports from prior employers and extensions of existing H-1Bs may not be premium processed, allowing the institute to save money by taking advantage of rules that do not require an approval notice for the beneficiary to be allowed to continue working.
• RPI does not permit faculty or staff to pay their own premium processing fees.
• In cases where an I-140 (an immigrant petition) is required, a case-by-case basis evaluation is required, taking the following into consideration:
  • Will premium processing save time?
    •  Sometimes there is a backlog in the category, and having an approved I-140 doesn’t speed up the eventual receipt of the “green card”
  • Will premium processing increase the probability of a Request for Evidence (RFE)?
    • If it is the judgment of the immigration counselor that the petition may generate an RFE, RPI will not agree to premium process the petition.

• Please immediately send an email to hrmail@rpi.edu with all information that was provided to you by the immigration officer. RPI’s immigration counsel will assist with preparing a response for the officer.
• Most administrative processing cases are resolved within three (3) months. Some are cleared within two (2) weeks; others take six (6) months or more
• The following is from the USCIS website for information about Administrative Processing:
  • “There are only two possible outcomes for complete and executed U.S. visa applications (absent a visa sanction against a country under Section 243(d) of the Immigration and Nationality Act). The consular officer will either issue or refuse the visa. 
  • If a visa applicant has not established that he or she is eligible for a visa, the consular officer must refuse that application. 
  • However, in accordance with Department procedures, a consular officer may determine that additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa. 
  • In such cases, refused visa applications warrant further administrative processing. Upon completion of the case-specific administrative processing, the consular officer might conclude that an applicant is now qualified for the visa for which he or she applied. 
  • Alternatively, the officer may conclude that the applicant remains ineligible for a visa. 
  • When administrative processing is required, the consular officer will inform the applicant at the end of the interview. The duration of the administrative processing will vary based on the individual circumstances of each case. 
• The following information about Refusal Under 221(g) is also from the USCIS website: 
  • When an applicant is refused under 221(g), it means the consular officer determined that the applicant was not eligible for a visa after completing and executing the visa application and any required interview.
  • It is possible that a consular officer will reconsider a visa application refused under 221(g) at a later date, based on additional information or upon the resolution of administrative processing, and determine that the applicant is eligible. 
  • When a consular officer refuses a case under 221(g), she or he will convey to the applicant whether the applicant is required to provide any further documentation or information, or whether the case requires additional administrative processing.

• Information on the requirements for visa holders to acquire a driver's license in the state of New York can be found at the website for the New York Department of Motor Vehicles (DMV).
• If you are a faculty or staff member and you still require assistance after reviewing the DMV information, please contact the Division of Human Resources at hrmail@rpi.edufor assistance.

If you are a faculty or staff member, contact the Division of Human Resources at hrmail@rpi.edufor assistance.

RPI is a “cap-exempt” organization, meaning that the Institute does not have to apply through the lottery for the limited number of H-1Bs that are available nationally.

By definition, a postdoctoral research associate is not a permanent position. As a result, you must first work with your supervisor to pursue a promotion into a long-term position. 

• Promotions are separate from the immigration process. 
• Promotions may occur in two ways:
  • Position reclassification:
    • Reclassification occurs when a position has evolved to a higher level, and the incumbent has grown to meet the expanded responsibilities. Position reclassification is initiated by the supervisor
    • The supervisor will write a new position description and submit it, along with a request memo and reclassification form to their portfolio leader (typically the Dean or the VP for Research) for review. 
    • If the portfolio leader agrees with the supervisor’s recommendation, it is then sent to HR for review, approval and processing. 

    • Once the reclassification process is complete, and the worker has received a letter confirming the new title and position responsibilities, the worker may contact the RPI HR Immigration team at hrmail@rpi.eduto request the initiation of a green card review. 

       

  • Applying for a posted position:
    • The worker applies for a higher level posted position in the applicant tracking system (currently PageUp). 
    • If the worker is extended an offer for the position, and after they have received a letter indicating their new title and pay details, the worker may contact the RPI HR Immigration team at hrmail@rpi.eduto request the initiation of a green card review.. 

U.S. immigration regulations permit continued work for some EAD categories but not for all. Please contact the Division of Human Resources at hrmail@rpi.eduto verify whether you are eligible to continue work on a pending EAD renewal/extension.

• This is the final step in the green card process. Filed using Form I-485, Application to Register Permanent Residence or Adjust Status, this process is used to apply for lawful permanent resident (Green Card) status when you are present in the United States.
  • In cases of employment based Green Card, this can be filed at the same time as the I-140 if the foreign national worker has a current priority date.
  • If the priority date is not current, the I-485 will be filed once the date is current.

• RPI does not pay for the medical appointment, and these examinations are not covered by health insurance. 
  • The medical exam is typically required in order to file Form I-485, Application to Register Permanent Residence or Adjust Status.
  • If you are required to undergo an immigration medical examination, see the myUSCIS Find a Civil Surgeon page for help finding a designated physician (known as a "civil surgeon"). 

There is no premium processing option available for the green card application portion of the process. U.S. Citizenship and Immigration Services (USCIS) will only expedite the process for the reasons outlined in the section entitled “How long does adjustment of status take?” 

1. After RPI files the Immigrant Petition for Alien Worker (I-140) and it is approved by USCIS, the worker is assigned a priority date. Once the priority date is current, the processing time for employment-based green card applications (Adjustment of Status or I-485) typically ranges from 11 to 30 months, depending on the USCIS regional office and the worker’s case complexity.
   1.  At the end of this process, one of two outcomes will occur:
      1. Interview waiver issued: USCIS may approve the worker’s green card without requiring an in-person interview. This is becoming increasingly common for employment-based cases, especially the  application is straightforward, all documentation is complete, and there are no concerns regarding admissibility or fraud. USCIS makes this determination based on the overall merits of the case.
      2. Interview required: The worker will receive a notice scheduling an interview at the local USCIS regional office. Interviews are generally required when USCIS needs clarification, wants to verify information, or when specific aspects of the case require additional review. During the interview, USCIS will discuss employment history, the worker’s relationship with the sponsoring employer, and general admissibility.