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Permanent Residence Information

What is permanent residency?

The term Lawful Permanent Resident (LPR) is used to describe an immigrant who has been granted the privilege of residing permanently in the United States. Evidence of lawful permanent resident status is conferred via an I-551 stamp in the individual’s passport and an I-551 card (commonly known as a “green card”). The status also confers the right to work for just about any type employer. Only work in certain sensitive areas is prohibited.

LPRs are allowed to buy and sell property, or own and operate a business. In Tennessee, a lawful permanent resident may apply for a Tennessee Driver’s License, rather than the Certificate for Driving provided to other aliens. Lawful permanent residence is also a step toward naturalization for those wishing to become U.S. citizens.

How can I become a lawful permanent resident?

The three most common bases for qualifying for permanent residency are:

  • Close family relationship – requires a family member who is a U.S. citizen or a lawful permanent resident to file a petition on behalf of the alien. For more information, see "Family Immigration."
  • Public policy – requires alien to be selected from those applying in the diversity lottery. For more information, see "DV Program."
  • Employment sponsorship – requires a U.S. employer to petition on behalf of the alien. For more information, see "Employment-Based Visas."

This website is intended to provide general information related only to employment-based petitions within the context of higher education. This site does not attempt to provide detailed information covering all possible employment-based avenues to LPR status.

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General overview of employment-based categories

The most commonly used filing categories in higher education are:

  • Aliens with Extraordinary Ability: This category is for the individual who is internationally recognized as being at the very top of his or her field.
  • Outstanding Professor or Researcher: This category is for the individual that is internationally recognized as outstanding and has at least three years experience in the field.
  • Advanced Degree Holder: This category is for the individual holding an advanced degree which is required for the position.
  • Advanced Degree Holder with National Interest Waiver: This category is for the individual holding an advanced degree and who can establish that it is in the national interest for him or her to be exempt from a job offer and labor certification requirements.

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How do I start an employment-based petition?

First, review UT’s permanent resident policy.

Second, meet with CIE personnel to review your case and determine eligibility for either the advanced degree holder or outstanding professor/researcher categories. If your case falls within these two categories, your hiring department may file a Request to Initiate form with CIE to begin the LPR process. In most cases, teaching faculty will qualify for the advanced degree holder category and the “special handling” labor certification process. If CIE personnel determine that filing in the extraordinary ability category or taking advantage of the national interest waiver would be the best strategy, no further action would be required by the University. You can self-petition for LPR status in the extraordinary ability category or under the national interest waiver provisions.

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What other steps are involved?

Applying for permanent residence is a lengthy process involving many steps. The entire process can often take two to three years. A general overview of the steps is provided in Steps to Permanent Residence (PDF). See also Applications for Permanent Residence: Tenure-Track Teaching Professors (PDF) for more information about the regulations and procedures involved with the “special handling” labor certification process.

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Who is responsible for completing all the paperwork?

CIE coordinates the accumulation of all required information and submits forms to the appropriate governmental authorities. However, a successful application also requires substantial effort on part of the employee and the hiring department. Over the course of the process, many individuals will be required to expend some time and effort gathering information and preparing documentation in support of the LPR application.

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