Please refer to the section above to see the different appointment / employment types within each category. 

For 'Category A' faculty, permanent residence is initiated promptly upon notification from the Department that the offer of Purdue employment is accepted. It is the Department's responsibility to immediately provide a copy of the offer letter to PISA (at PISA@Purdue.edu) as certain legal deadlines are based on the date the offer is issued and not on the start date of the appointment. "Initiation" means that data and documents are collected from the department and faculty member. Processing of the request will be prioritized in balance with our total caseload and priorities. Because permanent residence requests often are submitted at the same time as H-1B requests for incoming faculty, H-1B requests take priority, as those approvals are needed by the start of the appointment. 

For 'Category B' Research Faculty and employees, the Department must request the permanent residence process. The request is detailed on the PISA Intake Form for the hiring unit, and emailed to PISA@purdue.edu. In general, it is recommended that permanent residence be initiated during the initial three years of H-1B validity. Depending on the process finally selected, it could take 3 or more years to "complete" Purdue's portion of the permanent residence process (not including the issuance of the greencard). (See "How Long does Permanent Residence Sponsorship Take?" below)

For 'Category C' individuals, permanent residence sponsorship by Purdue is prohibited by law. This is because US immigration law requires a more long-lasting employment relationship that the listed appointments involve. This does not prevent the individual from exploring whether they are eligible to 'self-sponsor' permanent residence in either the EB-1A category for extraordinary ability, or the EB-2 category for National Interest Waivers (of the requirement for a permanent employment situation). 

The decision about which "Purdue-sponsored" permanent residence process will be utilized in any given situation will be based on:

1. ISS evaluation of the eligibility of the employment / employee for any given process, and the relative chances of success of each process if more than one is available
2. The Department then may choose which process it prefers of the potential options. It is up to the Department's discretion to include the worker's personal preferences or needs as part of their decision-making process.

Permanent residence is a multi-stage process that takes considerable time. This is because there are multiple submissions to different government agencies, and each government agency is taking increasingly long to adjudicate these submissions. In general-

• EB-2 processes may take up to 2-3+ years to "complete" (see below for what this means); the majority of this time is spent waiting for each of the four government submissions to be adjudicated.
• EB-1B processes may take up to 1-2 years to "complete" (see below for what this means); Half of this time is spent in preparing the very complex paperwork required for the submission, while the other half of this time is spent waiting for each of the two government submissions to be adjudicated

What does "complete" mean? US law separates the request for the immigrant 'label' from the request to actually receive the greencard. In other words, the paperwork that asks the government to confirm that the employee is a qualifying immigrant is separate from the paperwork that asks the government to issue the greencard (which documents permanent residence status is granted). The request to be labeled an immigrant is the "I-140 Immigrant Petition". The request for the greencard itself is the " Form I-485 Application to Adjust Status".

Additionally, US law creates a bottleneck in the permanent residence process, called 'per-country limits' which occurs directly before the request for the actual greencard - the Form I-485 Application to Adjust Status. The bottleneck is - in most cases - based on the applicant's country of birth (called the country of chargeability). The bottleneck limits the number of applicants from each country of the world who may receive their greencard during any given year. For more information about Per Country Limits see the USCIS webpage. The US Department of State is responsible for 'countrying' the number of immigrants each year, in their " Visa Bulletin".

"Complete" therefore means that everything up to and including the Form I-140 petition has been filed and has been adjudicated by the government. It does not mean the issuance of the greencard because when that happens will vary wildly from person to person.

To be eligible for full tenure, international faculty must hold a status in the US that permits indefinite work authorization, such as permanent resident status.

Until then, conditional tenure may be granted if in international faculty member seeks tenure before the grant of permanent residence status. This is described in the following memos issued by the Office of the Provost:

• Ringel Memo (1992)
• Akridge Memo (2022)

See also our discussion or procedures for international faculty, here. 

ISS recognizes, though, that the range of grants available to a faculty member may be more limited as a visa holder than as a permanent resident. We therefore try, as best we can, to move faculty through permanent residence as quickly as possible, within the constraints listed above.

Please see our explanation of EB-1B permanent residence, and our explanation of NIW permanent residence.

ISS will evaluate all incoming faculty for a full range of permanent residence options, including EB-1B. ISS will evaluate the eligibility of the employment / employee for each option, and the relative chances of success of each process if more than one is available; we provide the options to the Department, and the Department may choose its preference, in its discretion. It is up to the Department to include or exclude the concerns of the faculty member in making its decision. 

• The default assumption is that the Department will bear all costs. If the Department and faculty member agree, then the costs can be shared. Costs may not be borne solely by the faculty member. A breakdown of costs may be seen here. 
• By law, the EB-1B process is an employer-driven process. The employer must be the signor to the Form I-140 petition. Purdue policy mandates that EB-1B processes are managed solely by our outside law firm, under the coordination of the ISS office. Faculty members may not pursue EB-1B sponsorship through their own attorney.
• If a faculty member wants to hire their own attorney for their permanent residence, then that must be pursuant to a category of permanent residence that is self-sponsored: EB-1A extraordinary ability, or EB-2 National Interest Waiver. 

Permanent Residence Options for Staff

• Staff who engage in research
  • EB-1B Permanent Residence for Outstanding Researchers
  • EB-2 or EB-3 Permanent Residence based on labor certification
  • See this discussion comparing the two processes
• Staff who teach or instruct, or coordinate instructional technology
  • EB-2 Permanent Residence based on teaching
• Staff primarily engaged in administrative responsibilities (neither research nor teaching)
  • EB-2 or EB-3 Permanent Residence based on labor certification

It is the Department's choice as to whether to sponsor permanent residence for staff. Purdue policy requires that permanent residence begins only after 1 "wage year" has passed (a calendar year, for FY staff, or an AY year, for AY staff), and the stff person has undergone at least one performance cycle with an overall rating of not less than "3 - Meets Expectations". 

If you have questions please email Amanda Thompson, Director, International Scholar Services

In theory, everyone has the right to hire their own attorney to “self-sponsor” permanent residence. However, US law restricts the process by which petitions are submitted to USCIS requesting permanent residence. By law, most permanent residence Form I-140 petitions are considered 'employer' filings. In these situations, the Form I-140 petition must be signed and submitted to the USCIS by the employer. If Purdue University is required to sign the Form I-140 petition, then the permanent residence process must come through the International Scholar Services team. No Purdue employee may hire their own attorney to file a Form I-140 petition, if that Form I-140 petition is on behalf of Purdue University as the petitioner. 

Thre are two exceptions to this, where US law permits individuals to 'self-sponsor' permanent residence. In these cases, the individual may sign the Form I-140 petition for themselves. These exceptions are: EB-1A “Extraordinary Ability” and EB-2 “National Interest Waiver” processes.

Purdue employees wishing to 'self-sponsor' permanent residence are restricted to the two categories for self-sponsored permanent residence: EB-1A “Extraordinary Ability” and EB-2 “National Interest Waiver” processes.

Purdue employees are not permitted to hire their own attorneys for any other permanent residence process; in other words, employees may not hire their own attorney for an EB-1B permanent residence process, for example. Purdue policy strictly requires all Purdue-sponsored immigrant petitions to be processed through and managed by ISS. 

The final step is Adjustment of Status (in red, below).

Adjustment of Status is solely the responsibility of the faculty member. Purdue policy prohibits Purdue payment for or assistance with Adjustment. Departments may not pay the Adjustment costs of employees. ISS does not assist.

The faculty member must timely pursue Adjustment once eligible to do so or the ability to extend H-1B status might be affected. Permanent residence (greencard) status is not held until the faculty member files his/her Application for Adjustment with the USCIS and the Adjustment application is approved by the USCIS.

Each family member must submit an Adjustment of Status application to receive their greencard and acquire US permanent residence. Adjustment focuses on the personal circumstances of each applicant. As a result, faculty are responsible for preparing, submitting and paying for their Adjustment application(s). Purdue does not assist.  

Costs for filing Form I-485 Adjustment are (a) US$1,225 for each applicant between 14 and 78 years old; and (b) US$750 for each applicant under 14 years old. Please see the USCIS website for more information. 

We generally strongly recommend that faculty hire a qualified immigration attorney to assist with the Form I-485 Adjustment of Status filing, when they are eligible. Attorney fees to assist with Adjustment may range from $500 / person (for document review) to $1,500+ per person for full services. ISS can provide information on how to find a qualified immigration attorney on request. 

Spouses and unmarried children under 21 years old receive H-4 visa status, which permits residence in the USA and attendance at school, but not employment.[1] However, they may request a work permit once the I-140 petition[2] is approved, which usually occurs within 18 – 36 months of arrival in the USA. Additionally, H-4 spouses and children may request work permits when the Adjustment application is submitted. Currently, a work permit application costs US$410. These applications focus on the applicant (spouse or child), so Purdue does not assist. Please see the USCIS website for more information.

If you are in the USA and have family, you may need to prepare a request to change and extend their status and stay. This request focuses on the personal circumstances of your family members. As a result, Purdue does not prepare or pay for this, although we do provide a detailed guide about how to complete the I-539, during the preparation of the H-1B petitition. The USCIS has a Fee Calculator to help applicants calculate the cost of the I-539 application.

If the accompanying spouse hopes to also work in the US, then H-4 status normally will not support this. The normal mechanism for this is to obtain their own work-authorizing immigration status. We have a brief description of the kinds of immigration options available to spouses here. Please note that while the US has rules relating to "H-4 EADs" (Employment Authorization Documents for H-4 spouses), the reality is that the spouse will not be eligible for the EAD until Purdue's H-1B worker has reached the final stage of the permanent residence process, namely, USCIS approval of the Form I-140 petition for the worker. In most cases, that stage is not completed for 2 - 4 years after the employment begins at Purdue, depending on the situation. 

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[1] If your spouse wants to work in the USA, contact Purdue’s Faculty Dual Career and Relocation Services (https://www.purdue.edu/hr/hiring/dualcareer/). The assigned specialist will help identify employment opportunities. Depending on the situation, spouses may need their own work permission. 
[2] See "The Final Step to the Permanent Residence Process - Adjustment" above for a permanent residence process flow