Permanent Residence

Scholars may be interested in applying to become lawful permanent residents (LPRs), also commonly known as “green card” holders. WashU makes a commitment to pursue permanent residence for tenured and tenure-track faculty positions in order to continue to employ those faculty members.

For research and other positions, departments make the decision about whether the need for the employee’s services necessitates an LPR application. The Office for International Students and Scholars (OISS) coordinates the filing of applications for university-sponsored LPRs.

Apply for LPR

There are many ways to apply for LPR, including sponsorship by a relative who is a U.S. citizen or LPR, luck in the diversity lottery, filing an employment-based petition by an employer, or filing an employment-based petition on your own.

First, you should speak to your supervisor and the business manager of your school, department or division. It is not possible to be successful in a university-sponsored application without the support of your direct supervisor. Your business manager will know departmental policies related to applications for LPR. If an application is feasible, the department chair (for the School of Medicine, Arts & Sciences, School of Engineering & Applied Science, and for central areas) or the dean (for all other schools) will need to confirm that:

• The required position exists
• The department is able to commit to the requisite position for the period required
• The funds necessary to cover the costs of obtaining LPR are available

OISS will initiate the LPR process once we receive approval.

You may decide to apply for LPR through a route that does not require university sponsorship, such as a National Interest Waiver (NIW) or Extraordinary Ability (EB-1A). In these cases, you may apply on your own or through an attorney of your choosing. We recommend you have an attorney represent you in these types of applications. Note that OISS must review all letters, forms or other supporting documentation for immigration applications requiring the signature of a WashU employee.

Types of LPR

WashU staff can only assist in filing applications that are based on a university-sponsored application for LPR. Those applications include:

• An outstanding professor or researcher (commonly referred to as “EB-1B”)
• Those based on labor certifications (commonly referred to as “PERM”), either for the second or third preference employment category

The application is considered university-sponsored if:

• The signature of a WashU staff member is required on theI-140 Immigrant Petition for Alien Worker and/or
• WashU is paying for the fees of an immigration attorney.

OISS coordinates and must review all documents for all university-sponsored applications.

LPR eligible positions

WashU sponsors LPR, based on departmental approval, in various positions. The key issue is the “permanent” nature of the position. For this reason, WashU does not apply for LPR for training or temporary positions, such as postdoctoral researchers or clinical fellows. WashU is committed to applying for LPR for individuals who have been offered tenure-track and tenured positions.

For other positions, the department must approve pursuit of LPR for that specific position. Departments have policies about applying for LPR for various positions, but critical factors are the business need for the individual and the continued funding for the position.

Use of attorneys

OISS works with outside immigration attorneys, selected by the Office of the Vice Chancellor and the Office of the General Counsel, to file LPR applications. These offices have standing relationships with specific immigration attorneys to handle WashU immigration cases. OISS reviews all applications prior to filing, in coordination with the outside immigration attorney.

You may retain your own counsel for advice about immigration issues. However, no attorneys can file an application on behalf of the university unless the attorney has been approved in advance by the Office of the Vice Chancellor and the Office of the General Counsel.

LPR costs

By law, costs for labor certification applications, including the recruitment costs and legal fees, are covered by the employer. It is not legal for you or a third party to reimburse these expenses. The Office of the Vice Chancellor and the Office of the General Counsel handle billing for attorney fees. Those fees are then charged back to the department which is sponsoring the LPR application.

Before paying an attorney on your own, you should discuss your situation with both the business manager in your department and OISS to avoid paying duplicate attorney fees.