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Permanent Residency

Permanent Residency is the right to live and work in the United States indefinitely.

Often, people refer to this right as having a "green card." This is because the evidence of having a permanent Residency was once ownership of a green-colored identification card issued by the immigration service.

There are numerous ways to pursue a permanent Residency. Some of the most commonly utilized routes include:

  • sponsorship by an employer
  • support by a qualifying family member
  • self-petitioning procedures by which applicants prove national interest or exceptional ability
  • seeking asylum
  • the diversity lottery

The University can provide employer sponsorship for faculty and high-level researchers.

We also recommend the USCIS and U.S. Department of State websites, which contain beneficial information about permanent Residency if you are interested in obtaining further information.

Special Handling Category for Permanent Residency

International faculty (including research faculty) who have some classroom teaching responsibilities may be eligible for permanent resident sponsorship under the Special Handling Category.

Most universities widely use the special handling category. It is based on the results of competitive recruitment in which the foreign national was found to be the best qualified, above any of the U.S. workers who applied for the advertised position.

The sponsoring department must show documentary evidence that competitive recruitment was done for the position. Besides, sponsorship must be approved by the chair/dean, after which the hiring department has 18 months from the offer letter date to use this option.

The Office of Equity and Inclusion recommends submitting the paperwork at least 12 to 15 months before the end of the 18-month window of opportunity.

Documents

Advertising

The advertisement is the cornerstone of the special handling category, and it is recommended that a print ad be done as part of the initial search.

This should be done if the institution wants to support the foreign national in the green card process using the 18-month window of opportunity.

When placing advertisements, must take particular care to anticipate the Department of Labor (DOL) certification requirements. The DOL can require you to re-advertise the position and conduct a second full search, should it deem the advertisement unacceptable.

The advertisement:

  • must state the specific job title and indicate whether the position is tenure track or tenured.
  • Should include the words "teaching" or "instruction" in the description of job duties.
  • must quantify any/all prior job experience requirements in "years." The kind of experience is to be defined.
      • Note: International candidates must meet the experience requirements with experience gained before employment at Idaho State University.
  • Must state the minimum degree requirement.
  • should avoid vague qualifications such as "must be familiar with" or "knowledgeable of" or "able to" or "interested in." State job requirements in specific, measurable terms (for example, "must have a record of published research in…").
  • should consider that if alternate credentials are listed, the greater of the options is the minimum requirement. "Must be board eligible or certified" means "must be board certified." Similarly, "must have a Ph.D. or M.D. degree" is interpreted as "must have a Ph.D. and M.D. degree."
  • Should include only criteria essential to the position, without listing extraneous preferences. All qualifications listed will be considered required, even if stated as "desired" or "preferred."
  • Should not include excessive or unduly restrictive job requirements.
  • Should not state the salary, or salary range, in the advertisement. Do not indicate that successful candidates must generate their wages.
  • Be published in a national professional journal at least 30 days before the application deadline. Emails and web postings are excellent supplements but do not substitute for advertisements in national journals. Remember, if the candidate applies for a green card, later on, a print ad as part of the original search will be required for the Alien Labor Certification (ALC). So spend the money now to avoid disappointment in the future.
  • Must include the Idaho State University Affirmative Action Compliance statement.