Categories and Eligibility for Sponsorship at W&M

Categories for Sponsorship by William & Mary

Outstanding Professors and Researchers (EB-1)
The individual has been recognized internationally as outstanding in a specific academic area and has at least three years of teaching or research in the academic area. This recognition must be substantiated by extensive documentation. The individual must be in a tenured, tenure-track, or otherwise permanent faculty or research position.

Members of the Profession holding Advanced Degrees (EB-2)
The individual is in a position that requires an advanced degree (Master's or above) as a minimum requirement and he/she has the advanced degree.

Aliens of Exceptional Ability in the Arts, Sciences, or Business (EB-2)
The individual has a degree of expertise significantly above that ordinarily encountered in the arts, sciences, or business. Individuals eligible for this category may also "self-petition" under a national interest waiver. When an individual "self-petitions," sponsorship by an employer is not required (see the information on the National Interest Waiver below for details).

Employment-based Immigrant Petitions (common to academia) that do not require Sponsorship by the College

Aliens with Extraordinary Ability (EB-1)
The individual is one of a very small percentage who has risen to the very top of the field of endeavor (arts, sciences, business, or athletics) and as such has achieved sustained national or international acclaim. These achievements must be substantiated by extensive documentation.

National Interest Waiver for Aliens of Exception Ability in the Arts, Sciences, or Business (EB-2)
The individual has a degree of expertise significantly above that ordinarily encountered in the arts, sciences, or business and is applying for a National Interest Waiver.

Note: When a petition is not sponsored by the university, the employee may use any attorney of his/her choosing. Use of outside attorneys is covered in the Memorandum to Attorneys (pdf).

Eligibility for Sponsorship

For a foreign national to be eligible for sponsorship by the College, the following conditions must be met:

  • The employee will occupy, or occupies and will continue to occupy a full-time permanent instructional or research faculty position (i.e. tenured, tenure track, or otherwise permanent). With the approval of the Provost, individuals in professional faculty positions may also be sponsored. A permanent position is one without a set termination or end date. A permanent position is not a guarantee of permanent employment. Classified positions are not eligible for sponsorship for permanent residency.
  • The Reves Center has reviewed the request to sponsor the individual for permanent residency, and the Assistant Director for International Students and Scholars, with the Provost’s approval, has authorized in writing the immigration attorney to act as an agent of the College in matters of labor certification and has signed the form G-28, authorizing the immigration attorney to file the I-140 petition.
  • The search for permanent teaching faculty positions follows standard EEO procedures and includes a print advertisement in a national professional journal.
  • The search for permanent research faculty positions follows the labor certification requirements. In cases where the search is completed and did not follow these requirements, it must be re-conducted.
  • College employees in positions funded by grants, also referred to as "soft money" positions, may be eligible for permanent residency sponsorship provided that they otherwise meet the requirements outlined above and there is a guarantee of funding for the position for at least the next 3 years, an expectation on continued funding for the position indefinitely, and the position is indefinite in duration. The department chair and the dean of the respective school must certify this on Addendum A and provide a Banner Index Number for the source of funding.