In limited circumstances, the university can establish eligibility for permanent residency under employment-based criteria for researchers and other non-teaching positions under the basic labor certification process.
This process allows the Department of Labor (DOL) to determine and certify that there are no U.S. workers available to do the work needed, and that the employment of an international worker will not adversely affect the wages and working conditions of others in the U.S. who are similarly employed. An employer must prove that it has made a good faith effort without success to recruit U.S. workers through specific recruitment sources.
If labor certification is successful, the university will follow up by filing an I-140 immigrant petition. However, an approved I-140 does not provide employment authorization or permission to remain in the U.S. permanently. Nonimmigrant status must be maintained during this time and the applicant must have valid work authorization to be employed. The final step in the process is filing an I-485 application to adjust status to permanent resident. The foreign national may complete this last step on their own when their priority date becomes current.