• Departments & Offices
• Reves Center
• ISSP
• Visas and Immigration
• Permanent Residency
• Categories and Eligibility

Categories and Eligibility for Sponsorship at W&M

Categories for Sponsorship

1. EB-1: Priority Workers
   • EB-1B: Outstanding professors and researchers - the individual has been recognized nationally or internationally as outstanding in a specific academic area and has at least three years of teaching or research in the academic area.
   • EB-1A: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
   • This category does not require Labor Certification (PERM) but recognition must be substantiated by extensive documentation.
2. EB-2: Advanced Degree
   • The individual is in a position that requires an advanced degree (Master's or above) as a minimum requirement and the individual has the advanced degree.
   • Requires Labor Certification (PERM).
3. EB-2: Exceptional Ability in the Arts, Sciences, or Business
   • The individual has a degree of expertise significantly above what is ordinarily encountered in the arts, sciences, or business.
   • Requires Labor Certification (PERM).
4. EB-3: Professional or Skilled Workers
   
   • Professionals holding a bachelor’s degree, occupying an occupation and position requiring a bachelor’s degree.
   • Requires Labor Certification (PERM).

Eligibility of Positions for Permanent Residency Sponsorship

To qualify for permanent residency sponsorship, the university must intend to employ the employee in a position that meets the following criteria:

1. Appointment is full-time, salaried, will meet prevailing wage rate as set by the US Department of Labor, and there is an expectation of continued renewals.
   • Includes 9, 10 and 12 month positions
2. Funding for the position must be sustainable. Positions funded by external sources (i.e., “soft money”) must demonstrate a record of sustained external funding and expectations of continued funding.
3. Position requires a bachelor’s degree (foreign education equivalent acceptable but not combination of education and experience) or higher.
4. Position is significant and meets institutional needs as documented by department and endorsed by both the department head and the relevant executive employee.
   • Significance can be signaled by rank and title, FLSA exempt status, or specific expertise.
   • Executive employees
   • Instructional faculty: Instructor, Lecturer and Assistant Professor or above. This includes clinical faculty or faculty “of the practice”. It excludes adjunct faculty and visiting faculty.
   • Research faculty: Research scientist, research associate, research assistant professor or above. It excludes post-doctoral appointments and appointments designated as visiting.
   • Professional: All positions are eligible provided the department head and relevant executive employee can document significant expertise that is critical to university functions.
   • Operational staff: Positions that require a bachelor’s degree or higher are eligible provided the department and senior manager can document significant expertise that is critical to university functions.