Permanent Residency Process / Petitions
Immigrant or Permanent Resident visas are of indefinite duration and, once obtained, are not tied to the employer.
To determine the best way to sponsor an Immigrant Resident, refer to Employment Based Immigration Department Checklist and Visa Overview. Normally an individual will have a non-immigrant visa prior to and during the filing of a Permanent Resident visa.
Explanation of Permanent Residency Process
If a Department wishes to sponsor a foreign national employee for a permanent residency petition ("green card"), that employee must be in a permanent and fulltime position and must possess the requisite qualifications required by the US Citizenship and Immigration Services (USCIS) and/or Department of Labor (DOL) regulations.
Permanent, in reference to a research or teaching position, means:
- Tenured
- Tenure-track, or
- Position of indefinite or unlimited duration, in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.
Note: A temporarily funded position will not be considered "Permanent" according to USCIS and DOL regulations.
Because both the USCIS and DOL impose strict legal requirements for permanent residency petitions, it is essential that departments contact International Employment (IE) before promising sponsorship, so that IE can review the credentials of the foreign national employee to determine potential eligibility per USCIS and DOL regulations.
Initiation Of Permanent Residency Process
First Step:
The Department initiating the request for US Permanent Residency must complete the
Initiation of Permanent Residency Process Form.The form
must be signed by:
- Department Head
- Employee, and
- The Dean of the College/School.
Note: The Department must also submit a copy of the appointment letter for the sponsored foreign national.
Submit the completed form, with a copy of the appointment letter for the sponsored employee, to:
- International Employment
- Human Resources
- Campus Box 7210
International Employment will make a preliminary determination as to whether or not the position and the individual qualify for a permanent resident petition, and will advise the department accordingly.
Second Step:
IE, in conjunction with the Department and the sponsored employee will decide which I-140 category will be used for the employment-based visa. An employee may qualify for more than one type, and we will help decide which type will be the most appropriate taking into account timing, qualifications, and current visa numbers.
IE will prepare the I-140 visa and all accompanying exhibits. Each I-140 includes many exhibits and much background work. During the initial consultation we will review with the Department and the sponsored employee all the documents and evidence required for each I-140 category as summarized in the Department Checklist and Visa Overview.
IE will also review with the sponsored employee how to apply for the I-485 change of status. This application allows the employee and family to change from their current non-immigrant status to Permanent Residency. The employee and family may apply for the I-485 at the same time as we submit the I-140 on behalf of the University. Please refer to the I-485 Visa Application Checklist for details on how to apply.
