H-1B non-immigrant visa holders have dual intent and can be sponsored for permanent residency if they meet the guidelines detailed below.
TN non-immigrant visa holders do not have dual intent and cannot be sponsored for permanent residency.
J exchange visitors do not have dual intent and cannot be sponsored for permanent residency.
O-1 non-immigrant visa holders may be able to seek permanent residency options through the use of outside counsel.
Emory University Policy: Applications That May Be Sponsored
Emory University sponsors employment-based immigrant petitions only at the request of the employing department, and only for individuals appointed to full-time faculty, faculty equivalent, or professional positions requiring an advanced degree or its equivalent and of a permanent nature. For purposes of this policy, positions such as Assistant Professor, Associate Professor, Full Professor, Lecturer, Research Associate, Instructor, or any professional staff position requiring an advanced degree or its equivalent would qualify for sponsorship by Emory University. Appointment to a faculty, faculty equivalent, or professional position requiring an advanced degree or its equivalent at Emory University is an indication that the individual's skills are essential to the function of the institution and reflects an institutional intention to employ the individual indefinitely, and that the position is not time-limited by grants or other funding.
The ISSS staff will file the following employment-based immigrant petitions: Employment-based First Preference Outstanding Researchers/Professors, Employment-based Second Preference Advanced Degree Professionals with Labor Certification under Standard Filing or Special Handling. The ISSS staff is responsible for determining whether an individual may be sponsored by Emory University under these guidelines, and if so under which category. Exceptions to this policy will be considered on a case-by-case basis after consultation with the dean of the school. Exceptional cases must demonstrate unusual or extraordinary circumstances to warrant sponsorship.
Emory University Policy: Applications That Are Not Sponsored
The ISSS staff will neither prepare nor sign immigrant petitions for Postdoctoral Fellows, because these positions do not meet USCIS standard for permanent positions. See "Alternatives" below.
The ISSS staff will not normally file petitions for employment-based third preference. Third-preference petitions are filed for positions requiring a bachelor's degree. In seeking labor certification for an employee, Emory University must demonstrate to the Department of Labor that there are no qualified U.S. workers who meet the minimum qualifications for position offered. According to the Department of Labor, an abundance of U.S. workers are available for positions that would be classified in the third preference category. Therefore, Emory University will not normally file petitions in the third preference category.
Alternatives for Individuals Who Cannot be Sponsored Under the Emory University Policy
For certain categories of immigrant petitions, individuals do not need employer sponsorship. The petitions may be approved based upon the individual petitioners own qualifications and accomplishments. The petitioners must establish that they have made significant contributions to the field of specialization, are easily employed in the field, and/or their contributions to the field the U.S. are of national benefit. Individuals who wish to "self-petition" in an immigrant category that does not require a full-time offer of employment are strongly encouraged to seek the services of a professional attorney who is Board Certified in Immigration and Nationality Law.