LPR Procedures

The University of Texas at Austin utilizes two primary filing strategies in seeking U.S. Lawful Permanent Residency (“LPR”) for employees.

Outstanding Professor or Researcher

UT most often utilizes this filing strategy, as the Labor Certification job market test can be complex and sometimes unpredictable.

Labor Certification

Faculty and researchers who are supported by the university, but do not meet the immigration service’s evidentiary requirements for "outstanding" will be considered instead for labor certification.

Teaching faculty can benefit from a special Labor Certification process in many cases. Timing is critical, as there is a limited window of 18 months from the time the employee is initially offered the position by the university.

Roles: Department, Scholar, and ISSS

In addition to confirming that the position is tenure-track for professors or permanent for researchers, the employing department must provide certain documents and information to ISSS. If the labor certification process is to be pursued, the department will provide extensive information and documentation concerning the advertising and recruitment undertaken and the search and hiring process. The professor or researcher will provide the bulk of the supporting documentation for ISSS to prepare the university's immigrant petition filing.

The Provost has delegated signature authority for these and other immigration-related applications and petitions to ISSS. This means that ISSS will prepare the required forms, provide information and file the labor certification application, if one is to be filed. ISSS will also prepare and file the university’s I-140 immigrant petition and exhibits in support. However, since the final adjustment of status is a personal application and not a petition, ISSS does not prepare this particular filing, but will provide general information and answer general questions, if requested.

Beginning the Process

  1. The university department or unit seeking U.S. Lawful permanent resident (“green card” or “LPR”) status on behalf of the professor or permanent researcher initiates the process by logging into myIO and completing the “Lawful Permanent Residency Request Department Information” e-form. The scholar will then receive an automatic email to log in to myIO to fill out the “Lawful Permanent Residency Biographical Information” e-form.
  2. Once both e-forms have been completed and received, ISSS will email directions for the employee to schedule an individual advising appointment, along with information on any letters and required supporting documents.
  3. The professor or researcher will provide much of the supporting documentation, particularly for an outstanding professor or researcher petition, so the individual must be apprised of the initiation by the department.

It is essential that the LPR process be initiated well before the employee’s nonimmigrant visa status expires, ideally beginning up to two (2) years in advance. We regularly recommend that professors and permanent researchers who hold H-1B nonimmigrant visa status start the permanent residence process early, at least two (2) years before their six (6) years of H-1B nonimmigrant visa status is set to expire (in other words, early in the fourth year of their H-1B nonimmigrant visa status), if not much sooner.

The Immigration Petition Process

UT, and not the employee, will file the immigrant petition (form I-140) with U.S. Citizenship and Immigration Services (“USCIS”). If it is a petition based on labor certification, the labor certification must first be approved before moving to this step. If it is for an outstanding professor or researcher, it may be filed once the supporting documentation has been collected and carefully compiled by ISSS. USCIS processing times vary widely, from as little as a few months, to as much as a year. Once the immigrant petition has been filed with USCIS, it is advisable to plan for six months to a year for processing. If the petition remains pending for more than a year, extensions of H-1B status beyond the six-year maximum may be possible, so filing early is critical.

The Adjustment of Status or Visa Application Process

Careful consideration must be given to the final step when seeking U.S. Lawful Permanent Residency (“LPR” or "green card"), which is part of the reason why the university allows researchers and professors to meet with an attorney of their own choosing when filing the final adjustment of status application (form I-485). Filing for adjustment of status from within the United States will often be the preferred strategy, but there have been periods during which extreme processing times or other factors made a trip to the U.S. consulate in the home country for consular processing of the permanent resident visa attractive. Generally speaking, one advantage of the adjustment of status filing strategy is that an applicant may obtain work and travel authorization while awaiting approval from USCIS. Also, in the unlikely event that something should go wrong with application processing, the employee would be in the United States while trying to resolve any issues. The logistics of consular processing can make for difficult planning, given varying local consular procedures, possible communication difficulties between U.S. government entities, and at least a possibility of being stranded abroad should something go wrong.

Dependents (spouse and unmarried children under 21) may file adjustment of status applications with the principal's or may request consular processing with the principal. Such dependents are often called "derivatives," since their right to apply for adjustment of status derives from the right of the principal applicant. Derivatives who are approaching age 21 face a particularly problematic and often complicated situation, and may need legal advice.