Lawful Permanent Residence

Lawful Permanent Residence in the United States ("Green card")

Multiple strategy options exist for seeking U.S. lawful permanent resident status, which is frequently referred to as a "green card." Since this information is intended for UT-Austin faculty and "permanent" researchers, it will focus on employment-based permanent residence strategies.

Please note that other routes exist for acquiring U.S. lawful permanent resident status under the current immigration regulations. Family-based permanent residence, the Diversity Immigrant Visa Program (or "visa lottery"), and asylum are potential options for qualified individuals, but our office does not support these strategies. Family-based permanent residence is available to those who have a family relationship to a U.S. citizen or permanent resident, for instance a spouse or parent. Not every family relationship may serve as the basis for immigration, and some family relationship categories, like brothers and sisters of U.S. citizens, are subject to quotas and long backlogs or delays. "Immediate relatives" of U.S. citizens--defined to include spouses, unmarried minor children (under age 21), parents of adult U.S. citizens, and widowers of U.S. citizens--are not subject to quotas and receive preferential treatment under the law. The "visa lottery" makes available 50,000 permanent residence visas annually to persons from countries with low rates of immigration to the U.S. Asylum is available to those who can prove that they would face a serious threat of persecution in their home country.

OVERVIEW OF EMPLOYMENT-BASED PERMANENT RESIDENCE STRATEGY

BASIC STEPS:

The process for obtaining permanent residence based on employment usually involves three phases:

(1) alien labor certification;

(2) immigrant petition to U.S. Citizenship and Immigration Services ("USCIS"); and

(3) application for adjustment of status (to Lawful Permanent Resident status) to USCIS, or perhaps an application abroad via the corresponding U.S. consulate for an immigrant visa.

In practice, some strategies avoid the more burdensome labor certification process, so the first step may prove not to be required. In addition, it may be possible to file documents with USCIS for steps two and three concurrently, so that both the immigrant petition and adjustment of status are pending at the same time.

Employment-based Preferences:

Employment-based immigration is limited to about 140,000 persons per year who have certain skills or levels of education and--in most cases--a "permanent," full-time job offer. The 140,000 annual visas are allocated among many countries and several categories, so occasionally a country and category becomes "oversubscribed" and a queue of applicants develops. The categories through which employment-based permanent residence may be sought are known as "preferences."

The first preference includes persons of extraordinary ability, outstanding professors or researchers, and certain multinational executives and managers.
The second preference includes members of the professions holding advanced degrees and persons of exceptional ability.
The third preference includes skilled workers, professionals, and other workers. Labor certification, a process through which the employer proves that there are no qualified U.S. workers available for the position, is not required for any of the first preference classifications, but is required for all classifications in the second and third preferences, with two exceptions. Labor certification is not required for certain workers of exceptional ability in science or arts (so called "schedule A, group II), and the labor certification and "permanent" job offer requirements may be waived for those who qualify for the second preference if it can be shown that such a waiver is in the "national interest" (national interest waiver).

It is the employer, and not the employee, who files the immigrant petition (I-140) in connection with most of these classifications. Some persons who meet the criteria for the extraordinary ability classification or those who can meet the requirements for a national interest waiver may file the immigrant petition on their own behalf or "self-petition" for U. S. lawful permanent residence status.

EMPLOYMENT-BASED PERMANENT RESIDENCE STRATEGIES AT UT-AUSTIN

UT-Austin will seek U.S. Lawful permanent resident status for professors (all ranks) and "permanent" researchers (see Provost's Policy: "Hiring Foreign Nationals in Academic and Research Positions"). Since postdoctoral fellows and other fellows are considered to be employed temporarily, it is not possible for UT-Austin to seek to obtain U.S. lawful permanent resident status for them. Fellows and others with temporary employment may be able to self-petition, as mentioned above, in certain instances.

UT-Austin most often utilizes the first preference "outstanding professor or researcher" route, an abbreviated process that avoids the burdensome and sometimes risky labor certification process. Some faculty members may wish to consider the second preference route involving labor certification, however, if they feel that providing evidence to meet the eligibility requirements for "outstanding" might be too difficult. Department of Labor (DOL) provides a streamlined labor certification process for teaching faculty, so labor certification is possible, though a less common route for many professors. Timing of the streamlined alien labor certification process is critical, as there is a limited window of 18 months from the time a scholar is offered the position by the university. For researchers the labor certification process is extremely burdensome, requiring re-opening and extensive re-advertising of the position, and it is unlikely to be successful, so while UT-Austin rarely pursues labor certification for a faculty member it would pursue labor certification for a researcher only in extraordinary circumstances.

Permanent resident visa backlogs provide additional incentive for utilizing the first preference "outstanding" route. As this information was being prepared, backlogs had developed in both the first and second preferences, but backlogs are usually shorter in the first preference category since it is more exclusive. This means that persons pursuing permanent residence in the first preference are less likely to face backlogs and may face shorter backlogs when they do occur. For more information on the backlogs, see the "visa bulletin" at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

The first preference outstanding professor or researcher process involves two steps:

(1) the employer petitions the immigration service on behalf of the employee for immigrant classification; and

(2) once the immigrant petition is approved, if the visa is immediately available (no backlog for country/category).

In conjunction with steps one and two, the employee applies for U.S. Lawful Permanent Resident status or the "green card" either by filing an adjustment of status application with the immigration service and waiting in the United States for it to be approved or by applying for consular processing of the immigrant visa at the U.S. consulate in the home country and then going there to interview prior to receiving the visa.

It is possible to file the adjustment application at the same time as the immigrant petition, known as "concurrent filing," and this option carries certain risks and benefits (discussed in "Adjustment of Status" below).

The second preference process involving labor certification has three steps:

(1) the employer must first obtain "labor certification" from the U.S. Department of Labor (DOL);

(2) the employer petitions the immigration service on behalf of the employee for immigrant classification; and,

(3) once the immigrant petition is approved, if the visa is immediately available (no backlog for country/category),

In conjunction with the above steps the employee applies for U.S. Lawful Permanent Resident status or the "green card" either by filing an adjustment of status application with the immigration service and waiting in the U.S. for it to be approved or by applying for consular processing of the immigrant visa at the U.S. consulate in the home country and then going there to interview and receive the visa.

Again, it is ordinarily possible to file the adjustment application with the immigrant petition, known as "concurrent filing," so long as visa numbers in the priority category are current. This option carries certain risks and benefits (discussed in "Adjustment of Status" below).

I. Routes to Permanent Residence VIA EMPLOYMENT at UT-Austin

A. Outstanding Professors and Researchers:

This classification does not require labor certification, and since the labor certification process can be quite lengthy and burdensome, it is an appealing route for professors (all ranks) and "permanent" researchers who are considered outstanding by their peers. In order to be eligible for this category, one must:

(1) be recognized internationally as outstanding in a specific academic area; and

(2) have at least three years of experience in the field (including work while pursuing graduate studies); and

(3) hold a specific kind of "permanent" employment.

Faculty members should hold a tenure-track or tenured position to qualify. Researchers must hold a comparable position to qualify, and at UT-Austin we understand this to mean a position of indefinite duration and for which long-term funding (at least several years) is available. As mentioned above, postdoctoral fellow and other fellow positions are technically not considered permanent by the USCIS and do not meet the requirements for an "outstanding researcher."

In the Outstanding Professor and Researcher category, one must establish that the foreign national is internationally recognized in the academic field by presenting evidence in at least two of the following areas:

original scientific or scholarly contributions to the field;
authorship of scholarly books or articles;
participation, individually or on a panel, judging the work of others;
published material about the individual's work;
membership in an organization that requires outstanding achievement;
receipt of major prizes or awards for outstanding achievement; and/or
other comparable evidence.

The cautious approach is to present evidence in as many of the categories as possible, preferably in at least four. Careful and very specific definition of the field of endeavor is crucial. Letters from experts in the field, attesting to the individual's scholarly contributions to the field, achievements, and "outstandingness" can be among the most powerful evidence. These letters are unique, and quite different from standard reference letters, so it is important to closely review the guidance provided below and ask each letter writer to follow it closely.

Professors who are unable to establish that they are internationally recognized as "outstanding" might consider the "second preference" (EB-2) category for professionals with an advanced degree.

B. Permanent Residence through Labor Certification for Faculty Members

It is also possible to obtain employment-based permanent residence as EB-2 advance degree professionals on the basis of labor certification. At UT-Austin, this option is available to professors (all ranks) who do not believe that they would be eligible for the "outstanding professor or researcher" category. The International Student and Scholar Services (ISSS) staff can provide information that may help a foreign national candidate assess eligibility for the benefit.

In short, labor certification is a determination by the U. S. Department of Labor ("DOL") that no qualified, willing, and able U.S. worker is available and willing to fill the position offered. In order to obtain labor certification, the employer usually must demonstrate that proper recruitment efforts were undertaken and that no qualified U.S. worker applied for the job. It is often the most cumbersome, lengthy and risky aspect of the permanent residence process.

DOL's PERM (Program Electronic Review Management) System establishes several categories of workers and a route to labor certification for each. Perhaps the most difficult aspect of the labor certification process for "professional occupations" such as researchers is that a qualified U.S. worker need only meet the minimum qualifications for the position. In other words, the employer does not simply establish that the foreign national on whose behalf it seeks certification is the most qualified applicant; it must establish that no U.S. workers meeting the minimum requirements for the position applied for the position. The employer does this by extensively re-advertising the position and accepting applications. Should a minimally qualified U.S. worker apply for the position, labor certification would not be possible.

However, DOL has provided a very beneficial optional process for "college and university teachers," formerly referred to as "special handling," which requires far less recruitment and offers a favorable standard. But this streamlined option, if it is to be utilized, requires a filing with DOL within 18 months of the job offer, so timing is very important.

There are three keys to effectively utilizing the "special handling" option available for teaching faculty:

(1) the employer must have placed one print ad in a national professional journal;

(2) the employer must establish that the employee is more qualified than U.S. applicants and maintain clear records to substantiate this; and

(3) the labor certification application must be filed by the employer within 18 months of "selecting" the employee for the position (usually indicated by the date of the job offer letter).

In other words, if a print advertisement for the job opening was placed in a national journal, then the employer need not re-open or re-advertise the position for labor certification. And the employer need not establish that no minimally qualified U.S. workers applied, only that the person hired was the most qualified. But if the 18-month window is missed, it may be impossible to use this optional "special handling" process.

Labor certification is required only for persons seeking to immigrate on the basis of employment and, as mentioned above, there are exceptions to the requirement. It is not necessary for those seeking to immigrate on the basis of a family relationship to a U. S. citizen or Lawful Permanent Resident, "diversity immigrants," or asylees.

II. Procedures for Seeking U.S. Lawful Permanent Residence Status:

The process for obtaining employment-based permanent residence at UT-Austin, whether as an outstanding researcher or professor or through labor certification, is a collaborative one. The labor certification application, if there is to be one, is filed by UT-Austin, as is the immigrant petition (I-140). However, the adjustment of status application (I-485) or application for the permanent resident visa abroad is the professor or researcher's personal application, filed by the individual rather than the employer.

ISSS will coordinate and provide information about the process, and certain members of the ISSS staff are authorized to sign the labor certification applications and immigrant petitions submitted by UT-Austin. It is not possible for outside attorneys to represent UT-Austin, so an attorney may not handle the labor certification process or the immigrant petition. Of course, UT-Austin faculty and staff members may choose to self-petition (for instance as a person of extraordinary ability or through a national interest waiver), in which case it is not UT-Austin does who files the petition, and such a qualified individual may choose to use an attorney for such self-petitions.

Since the adjustment of status application and immigrant visa application are personal applications, the individual may hire an attorney to handle these. Should the individual choose not to hire an attorney for the adjustment or visa process, ISSS will only provide basic information about the final stage in acquiring U.S. Lawful Permanent Resident status.

A. Roles: Department, Scholar, and ISSS

In addition to confirming that the position is tenure-track for professors or permanent for researchers, the employing department will provide certain documents and information to ISSS. If the labor certification process is to be pursued, the department will provide extensive information and documentation concerning the advertising and recruitment undertaken and the search and hiring process. The professor or researcher will provide the bulk of the supporting documentation for the immigrant petition.

ISSS will provide forms and information and file the labor certification application if one is to be filed. ISSS will help compile and file the immigrant petition. The Provost has delegated signature authority for these and other immigration-related applications and petitions to ISSS. Since the adjustment of status or visa application process is a personal application ISSS does not file these but certainly provides information and helps to compile the applications and supporting documents if requested.

B. Beginning the Process

1. The department seeking permanent residence on behalf of the professor or permanent researcher initiates the process by completing and returning the I-140 worksheet to ISSS.

2. Once the worksheet is received, the department will then receive additional instructions from ISSS, to ordinarily include a checklist, some forms to be prepared, model letters to use in creating letters of enclosure and support.

3. The professor or researcher will provide much of the supporting documentation, particularly for an outstanding professor or researcher petition, so the individual must be apprised of the initiation by the department.

It is essential that the process begin well before the nonimmigrant status expires, and beginning two years in advance may provide valuable benefits. So professors and permanent researchers who hold H-1B status should begin the permanent residence process early at least two years before their eligibility for H-1B status expires (in other words, early in the fourth year of their H-1B status), if not much sooner.

C. The Labor Certification Process

Departments who wish to pursue labor certification for a professor will be provided a checklist of items necessary for the "audit file," which is the information to be provided to DOL in case the labor certification application is audited, which can occur at the time of filing and remains a possibility for up to five (5) years. This would include, among other items, a copy of the print advertisement and other means used to recruit for the position, a summary of the recruitment and hiring process, and an explanation of the "job-related reasons" for rejecting the other applicants and finding the faculty member hired the most qualified, detailed information concerning the qualifications of the person hired, and the offer and acceptance of employment. Once ISSS is provided all of the necessary information and the audit file is prepared, ISSS will file (online, in the PERM system), the labor certification application. Processing usually takes several months. Once the labor certification application is approved, it is possible to file the immigrant petition. As this information was being prepared, the PERM system was still somewhat new and many problematic "bugs" were being worked out.

D. The Immigrant Petition Process

UT-Austin, and not the employee, files the immigrant petition (USCIS Form I-140 and supporting documents). If it is a petition for a faculty member based on labor certification, it may be filed once the labor certification is approved. If it is for an outstanding professor or researcher, it may be filed once the supporting documentation has been collected. USCIS processing times vary widely, from as little as a month, to as much as a year. It is probably wise to plan for processing of the immigrant petition to take from six months to a year. If the petition remains pending for more than a year, extensions of H-1B status beyond the usual six-year maximum may be possible, so filing early is essential.

E. The Adjustment of Status or Visa Application Process

Careful consideration must be given to the final step in the "green card" process. Most often adjustment of status in the U.S. will be the preferred route, but there have been periods during which extreme processing times or other factors made a trip to the U.S. consulate in the home country for consular processing of the permanent resident visa attractive. In short, the primary advantage of adjustment of status is that the applicant may obtain work and travel authorization while awaiting approval and, in the unlikely event that something should go wrong with the application, would be in the U.S. while trying to resolve the problem. Consular processing of the visa often involves short notice that the appointment has been scheduled (and fast planning for a trip abroad), varying local procedures which can make preparing for the interview difficult, and at least a remote possibility of being stranded abroad in the unlikely event that something should go wrong with the application.

Dependents (spouse and unmarried children under 21) may file adjustment of status applicants with the principal's or may request consular processing with the principal. Such dependents are often called "derivatives," since their right to apply for adjustment of status derives from the right of the principal applicant. Derivatives who are approaching age 21 face a particularly problematic and often complicated situation, and may need legal advice.

Outstanding Professors and Researchers

The first employment-based preference (EB-1) outstanding professor or researcher category does not require labor certification, and--since the labor certification process can be quite lengthy and burdensome--is appealing for professors (all ranks) and permanent researchers who are considered outstanding by their peers. In order to be eligible for this category, one must:

(1) be recognized internationally as outstanding in a specific academic area,

(2) have at least three years of experience in the field (including work while pursuing graduate studies), and

(3) hold a specific kind of permanent employment.

Faculty members must hold a tenure-track or tenured position to qualify. Researchers must hold a comparable position to qualify, and at UT-Austin we understand this to mean a position of indefinite duration and for which long-term funding (at least several years) is available. Postdoctoral fellow and other fellow positions are not considered permanent by the immigration service and do not meet the requirements for "outstanding researcher."

One may establish international recognition in the academic field by presenting evidence in at least two , (but preferably more) of the following areas:

original scientific or scholarly contributions to the field;
authorship of scholarly books or articles;
participation, individually or on a panel, judging the work of others;
published material about one's work;
membership in an organization that requires outstanding achievement;
receipt of major prizes or awards for outstanding achievement; and/or
other comparable evidence.

The cautious approach is to present evidence in as many of the categories as possible. Careful and very specific definition of the field of endeavor is crucial. For example, it might be less difficult to establish that a scholar or researcher is recognized internationally as outstanding in the field of S.A.R.S. research than it would be to establish that one is so recognized in the international virology community. Letters from experts in the field, attesting to one's scholarly contributions to the field, achievements, and how one's work can be regarded as outstanding can be among the most powerful evidence. These letters are unique, and quite different from standard reference letters, so it is important to review closely the guidance provided and ask all letter writers to follow it closely as well.

Professors who are unable to establish that they are internationally recognized as "outstanding" might consider the "second preference" (EB-2) category for professionals with degrees.

Outstanding Researcher or Professor Checklist

The Petition (from the department)

Filing fee: $475.00 check payable to "U.S. Dept. of Homeland Security" (from the department)

Letter of support from the employing department or unit (see sample letter provided by ISSS)

Usually from chair, director, dean, etc., explaining that the employee is a tenure-tack professor or permanent researcher (with a position of indefinite duration), describing the position, and describing in detail the employee's qualifications for the position and for the "outstanding" category (helpful if this letter summarizes the supporting documentation)

Letter of enclosure, listing the documents/items submitted (see sample letter provided by ISSS)

Supporting documentation for the petition (from the employee)

Evidence of at least three years of experience in teaching and/or research in the field

Nearly any clear documentary evidence will suffice, for instance a letter from a previous employer, an employment agreement, or--nothing else is available--a letter from one's current department

Evidence of original contributions to the field

Usually the best evidence of this is letters from people involved in the field - there is no required number of letters per se, and quality is more important than quantity, so consider as few as 5 or as many as 10
letters from people not closely associated with the scholar or researcher who are considered particularly objective by the immigration service
letters from people in other countries and U.S. regions can be very helpful
for information on the necessary content, please request the ISSS handout "Preparing a Letter in Support of an Immigrant Petition for an Outstanding Professor or Researcher"
Include any other items that might help establish this, like patents, or other kinds of recognition of original work

Publications

One may submit either an abstract of each publication (listing name, date, title, name of publication) or the entire publication (no books, please)
Include all kinds: articles, chapters, conference presentations, evidence of speaking engagements, etc.

Publications citing the scholar or researcher's work

Please include a list AND excerpts indicating use of one's work (excerpts should show date, article title, journal name)
Passing citations to one's work are useful, but publications that address one's work in more detail are especially helpful

Evidence of one's review, evaluation or comment on the work of others in the field, including items such as (but not limited to):

Evidence such as a letter of acknowledgment or e-mail message confirming that one have reviewed articles, sessions, presentations, etc. submitted for publication (served as a referee)
One may submit either an abstract of each publication (listing r name, date, title, name of publication) or the entire publication (no books, please)
Evidence that the scholar or researcher has reviewed grant proposals
Evidence of participation on panels (including conferences) or other reviewing groups
Evidence that the scholar or researcher has reviewed/judged dissertations

Any other evidence of the ways in which one's work has been used, including grant-funding awards (any amount), requests for reprints, "thank you" notes, etc.

Clear copies of any international and other prizes and awards received

Documentation of membership in associations requiring achievement to be admitted

Do not include evidence of membership in associations that are open to all members of the profession

Current, detailed copy of c.v. /resume

Clear copy of diplomas/degrees, translated if necessary

Include copy of transcript (translated) if highest degree is not in one's current field

Clear copies of current immigration documents

passport identity/biographical information page(s)
most recent visa page of the passport
most recent I-94 arrival/departure record, front and back
USCIS I-797 Approval Notices granting H-1B status
I-20s (visa eligibility documents), if holding held F status
Employment Authorization Document (EAD), also called "work card," if applicable
IAP-66s/DS-2019s (visa eligibility documents), if holding held J status
approval notice granting Waiver of "Foreign Residence Requirement," if applicable

Copies of spouse's/children's passport identity page (as applicable)

"True copies statement," verifying to USCIS that the beneficiary possesses the originals of the documents submitted (ISSS will provide this)

The International Office will prepare Form I-140

Permanent Residence through Labor Certification for Teaching Faculty

At UT-Austin, seeking permanent residence through labor certification is an option for professors (all ranks) who do not believe that they would be eligible for the "outstanding professor or researcher" category. The International Student and Scholar Services (ISSS) staff can provide information that may help to assess one's eligibility. This option is available only to faculty members involved in classroom teaching. It is not available--as it is unlikely to be successful--for researchers.

In short, labor certification is a determination by the U. S. Department of Labor (DOL) that no qualified U. S. worker is available and willing to fill the position offered. In order to obtain labor certification, the employer usually must demonstrate that proper recruitment efforts were undertaken and that no qualified U.S. worker applied for the job. It is often the most cumbersome, lengthy and risky aspect of the permanent residence process.

DOL's new PERM (Program Electronic Review Management) System establishes several categories of workers and a route to labor certification for each. Perhaps the most difficult aspect of the labor certification process for "professional occupations" such as researchers is that a qualified U. S. worker need only meet the minimum qualifications for the position. In other words, the employer does not simply establish that the foreign national on whose behalf it seeks certification is the most qualified applicant; it must establish that no U.S. workers meeting the minimum requirements for the position applied for the position. The employer does this by extensively re-advertising the position and accepting applications. Should a minimally qualified U.S. worker apply for the position, labor certification would not be possible. However, DOL has provided a very beneficial optional process for "college and university teachers," formerly referred to as "special handling," which requires far less recruitment and offers a favorable standard. But this streamlined option, if it is to be utilized, must be utilized within 18 months of the job offer, so timing is very important.

There are three keys to effectively utilizing the "special handling" option available for faculty:

(1) the employer must have placed one print ad in a national professional journal,

(2) the employer must establish that the alien is more qualified than U.S. applicants and maintain clear records to substantiate this, and

(3) the labor certification application must be filed by the employer within 18 months of "selecting" the employee for the position (usually indicated by the date of the job offer letter).

In other words, if a print advertisement for the job opening was placed in a national journal, the job does not have to be re-opened or re-advertised for labor certification. Furthermore, under this "special handling" option, it is not necessary to establish that no minimally qualified U.S. workers applied, only that the person hired was the most qualified. But if the 18- month window is missed, it may be impossible to use this optional "special handling" process.

If this option is to be used, the department must carefully document the competitive recruitment and selection process and retain these records for at least five years. The documentation must include, among other things, a statement by the official with hiring authority (usually the Chair) setting forth the total number of applicants for the opportunity and the job-related reasons why the foreign national hired is more qualified than any U.S. workers who applied. It must include a final report by the body (usually a search committee) making the recommendation to select the foreign national applicant. A copy of the advertisement in an appropriate national journal must be included, along with evidence of any other recruitment undertaken. And a written statement attesting to the "degree of the alien's educational or professional qualifications and academic achievements" is required.

LABOR CERTIFICATION CHECKLIST

Department Provides to ISSS (employee should gather these)

Detailed position description and wage rate to be paid

Advertisements used to recruit for the position, including an actual copy of the ad(s) and records concerning when and where each was published

Any additional information concerning department's recruitment efforts and results

Documentation (letter, memo, report, etc.) of the selection committee's final selection of the foreign national employee (in most cases this may be the offer of employment letter)

Clear copy of employment contract or letter offering employment to employee, with signatures.

Statement by the official with hiring authority (usually the Chair) setting forth the total number of applicants for the opportunity and the job-related reasons why the foreign national is more qualified than any U.S. workers who applied (may be combined with selection report)*

Written statement attesting to the "degree of the alien's educational or professional qualifications and academic achievements" (may be combined with selection report)*

Clear copy of the "notice to employees" after it has been posted in two locations in the department for 10 business days (ISSS will provide this, as necessary)

Employee Provides to ISSS

Completed PERM Worksheet, detailing employee's education, training, work experience, etc. (PERM requires far more than a c.v. would provide, like employer addresses, names of supervisors, etc.)

Clear copy of c.v./resume;

Clear copies diplomas/degrees, translated if necessary

Clear copies of individual immigration documents:

passport identity/biographical information page(s);
most recent visa page of the passport;
I-94, front and back;
USCIS I-797 Approval Notices granting H-1B status;
I-20s (visa eligibility documents), if holding held F status;
Employment Authorization Document (EAD), also called "work card," if applicable;
IAP-66s/DS-2019s (visa eligibility documents), if holding held J status; and
approval notice granting Waiver of "Foreign Residence Requirement," if applicable.