Permanent Residence FAQ's Permanent Residence Webinar (May 1, 2024)
To apply for Permanent Residence under the sponsorship of Tulane, you must:
- Be a full-time employee with an appointment that does not have an end date.
- Have been hired pursuant to a valid search.
- Your department has agreed to support your application by signing the Request for Permanent Residency Employer Sponsorship form.
No other employee or unit of Tulane may initiate immigration sponsorship or sign any immigration petition on behalf of Tulane, other than OISS.
What is Permanent Residence?
Permanent Residence - also called Green Card status or Lawful Permanent Resident (LPR) - is an immigrant status that allows someone to live and work in the US without restriction. It does not expire.
Permanent residence is not the same as citizenship and permanent residents of the US remain nationals or citizens of their home country. They do not hold US passports. They may not vote in elections, and they may not hold elective office. After a certain period of physical presence in the US (five years in most cases), permanent residents can apply for US citizenship if they choose, but it is not necessary to become a citizen to retain the right of permanent residence.
A Permanent Residence Application is a long and complicated process and can often take two years or longer to complete.
There are several options for acquiring PR status in the US. Those who apply for Permanent Residence under the sponsorship of Tulane will pursue Employment Based Permanent Residence. All applications are prepared by our external counsel partners.
Employment Based Permanent Residence
Special Handling - Labor Certification for Teaching Positions
Employees that hold teaching positions are eligible for Special Handling. Under this pathway to Permanent Residence, Tulane is required to show that the person hired was the best qualified applicant for the position (a much lower standard than the ONLY qualified person). It is often possible to meet this requirement by using documentation from a normal faculty search.
Labor Certification applications under special recruitment rules must be filed with the DOL within eighteen months of the sponsored employee's selection for the position so it is important to begin the process soon after hiring. Failure to file within the 18-month period may require that the applicant be reelected to their position in another search.
Labor Certification – Regular Perm
To qualify for this option, Tulane must demonstrate that there are no qualified and willing US workers available for the position in question. This is done through a special advertising process under the supervision of the Department of Labor (DOL), that often does not match normal recruitment processes.
EB-1- Outstanding Professor/Researcher
To pursue this option, an employer must demonstrate that the employee meets criteria which show that they have risen to the very top of their field of expertise. It is often an option when the other options are subject to a backlog that would delay receipt of the green card. To qualify for this option, an individual must have at least 3 years of teaching and/or postdoctoral research experience, a strong record of publications, excellent evaluations by recognized experts in the field, and the receipt of prizes, awards, or other forms of professional recognition.
National Interest Waiver
Individuals pursuing this option are exempt from the requirement of filing a Labor Certification. They must show that their endeavors are in the national interest and that the employee’s continued contribution is crucial to the work. It does not require the support of an employer, so individuals may pursue this option without the help of Tulane.
How to Apply for Permanent Residence
Consider Costs
We recommend reaching out to one of the attorneys below to assess your initial eligibility and pathway to a Green Card. This will help your to understand potential overall costs. You will need to discuss these costs with your department in order to determine if they are able to cover any of expenses beyond those related to the Labor Certification. Your department will need to indicate their initial financial commitment when you complete the Request for Permanent Residency Form.
Complete the eform
To apply for Permanent Residency through the Office of International Students and Scholars (OISS), you will need to gather the following documents from your department:
- Department Permanent Residency Confirmation Form
- Original Offer Letter
- Sample Ad
- Google Scholar Link (if applicable)
Once you have these documents, follow these steps:
- Access the Employee Portal: Uptown Employee Portal / Downtown Employee Portal
- Complete and submit these three E-forms:
- Permanent Residency Intake Request
- Dependents
- Fees & Lawyer Selection
After you submit the forms, our office will review your application within 5-10 business days.
- If everything is correct, you will get an approval email that will help connect you with your chosen immigration attorney.
- If any information is missing, we will email you with follow-up steps.
Please Note: If you are getting an ‘Access Denied’ message or require a pin to access the forms, it might mean that you potentially do not have a profile setup with us. Please contact our office to get the process started.
Outside Immigration Counsel
Only the following firms are authorized to represent Tulane in immigration matters:
Once you complete the Permanent Residence eform, OISS will initiate your representation with the firm. Review each firm carefully before deciding which will best suit your needs.
While all parties involved will make their best efforts, we cannot guarantee that applications will be approved.
