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Permanent Residents

Residency Overview

Per University policy, UT Southwestern will only sponsor faculty with the title of instructor or above (Assistant Professor and Professor) for permanent residency. Any exceptions require approval through the Office of International Affairs (OIA) and executive leadership.

The pathway to permanent U.S. residency or legal permanent U.S. residency is also commonly referred to as the green card, immigrant, or residency alien process.

Permanent residency status allows a non-U.S. citizen to legally live and work in the United States without the time limitation typical of individuals with non-immigrant status (for example, those living in the U.S. under a temporary visa).

There are a number of options for obtaining permanent residency in the U.S. Obtaining permanent U.S. residency for a University employee requires substantial commitment of University resources; therefore, sponsorship for permanent residency should only be requested when there is an institutional need.

In accordance with federal requirements, UT Southwestern Medical Center will sponsor a non-U.S. citizen for permanent residency only when there is a reasonable expectation that the individual will continue to be employed for a substantial period of time (generally three years). Sponsorship for permanent residency does not constitute a guarantee of lifetime employment or tenure.

  • Employment-Based Permanent Residency Categories

    Most pathways to apply for permanent U.S. residency require employer sponsorship. There are a few categories that allow you to “self-sponsor.”

    Employer sponsorship means an official representative of the institution must sign the permanent residency application. Under certain circumstances, it also involves payment of certain legal and recruitment fees.

    Self-sponsorship means that the permanent residency petition is based on your professional achievements and is signed by you.

    Employment-based petitions for permanent residency are time-consuming and complex. Departments requesting authorization to sponsor faculty or staff should begin the process at the earliest possible time.

    Common employment-based categories that require employer sponsorship include:

    • EB-1(B) – Immigrant petition for Outstanding Professors and Researchers
    • EB-2 Permanent labor certification for professionals (PERM)
      • Basic handling for non-teaching professionals
      • Special handling for individuals with some college/university teaching duties

    Common employment-based categories that permit self-sponsorship include:

    • EB-1(A) – Immigrant petition for extraordinary ability
    • EB-2 Professional – National interest waiver

    With the exception of permanent labor certification, all of the categories above require documentation of a significant research track record and national or international recognition of original scientific contributions.

  • Positions UT Southwestern May Sponsor

    UT Southwestern will sponsor an employee for permanent residency only when doing so is in the best interest of the institution.

    Faculty positions

    We will sponsor employment-based immigrant petitions and provide related letters of support only for those non-U.S. citizen employees who hold a faculty rank of Instructor or above or the title of Faculty Associate.

    Classified and A&P Positions

    • Generally, we will not sponsor classified and administrative & professional (A&P) employees to obtain permanent residency. The Executive Vice President for Business Affairs, in consultation with the Director of the Office of International Affairs, may authorize exceptions to this policy in accordance with this section.
    • We may sponsor non-U.S. citizens working in full-time (Fair Labor Standards Act [FLSA]-exempt level only) classified and A&P positions under the following conditions:
      • The official UT Southwestern job description for the position requires an advanced degree (master’s or above) or a bachelor’s degree with at least five years of experience in a specialized field of study.
      • The position is considered difficult to fill based on evidence of ongoing recruitment efforts or other factors.
        • A permanent residency application for classified and A&P employees requires a bona-fide job search, including posting through the Office of Human Resources, published job descriptions, print ads, and demonstration that no minimally qualified U.S. worker is available.
        • National recruitment to fill the position is warranted to attract qualified applicants.
        • The cost to recruit and train a replacement for the position is greater than the cost in legal and advertising fees of sponsoring an employment-based permanent residency application.
      • The non-U.S. citizen has been employed in a benefits-eligible, FLSA-exempt classified and A&P position with UT Southwestern for a minimum of six months without interruption. Individual departments can require a longer period of employment with UT Southwestern prior to consideration.
      • There is sufficient justification that the proposed non-U.S. citizen is uniquely qualified through experience, skill, and background for the position.
  • Positions UT Southwestern Does Not Sponsor

    We will not sponsor:

    • Part-time or volunteer faculty
    • Visiting faculty
    • Assistant instructors
    • Postdoctoral researchers
    • Nonexempt classified and A&P positions
  • Retention of Immigration Counsel

    If you meet the eligibility criteria for a category that requires employer sponsorship, you must retain an immigration attorney from a list of approved  attorneys by OIA to prepare, assemble, and process all applications and petitions.

    The Department/Center will work with an approved attorney to provide additional information and documentation as requested. If further advertising and recruitment are required, this will be arranged by the hiring Department under the direction of the attorney.

  • Process for Obtaining Approval

    Faculty Positions

    To request authorization for sponsorship, the Department Chair, Center Director, or other unit manager must submit the following information to the Director of the Office of International Affairs for review:

    • Completed and signed Request for U.S. Permanent Residency Form
    • UT Southwestern Memorandum of Appointment
    • Copy of your updated C.V./résumé
    • Evidence of recruitment efforts, including advertisements and any costs incurred by the Department
    • Written justification signed by the Department Chair, Center Director, or other unit manager that includes information about:
      • Critical and unique qualities of the position for which you are being sponsored for permanent residency
      • Your unique qualities as demonstrated by the impact you have had in the success of the Department's goals and mission
      • The Department's long-term plans for your employment and the projected benefits UT Southwestern is to receive from your services
  • Coverage of Expenses Associated with the Sponsorship

    Legal and processing fees may be paid by either the employee listed on the permanent residency application or the sponsoring UT Southwestern Department for the categories of employment-based permanent residency listed below:

    • EB-1(A) – Immigrant petition for alien of extraordinary ability
    • EB-1(B) – Immigrant petition for outstanding professor/researcher
    • EB-2 Professional – National interest waiver

    Legal and processing fees must be paid by the sponsoring Department for the “labor certification” portion that is part of the permanent residency category listed below. Legal and application fees for subsequent portions of the process (for example, the immigrant petition and/or application for adjustment of status) are your responsibility, unless an exception is authorized by the Department Chair/Center Director.

    • EB-2 PERM Labor Certification for professionals
      • Basic handling for non-teaching professionals
      • Special handling for individuals with some college/university teaching duties

    Legal and processing fees for your dependents are always your responsibility. 

    Responsibilities

    • Department administrator or designee – Serves as a liaison among the Departmental Chair/Center Director/unit manager, the employee being sponsored for employment-based permanent residency, and the staff in OIA.
    • Department Chair/Center Director or other unit manager – Makes initial determinations regarding whether the Department would like to sponsor a qualified employee for employment-based permanent residency, and the source, amount, and use of the nonrestricted funds available for the sponsorship. May be required to sign or cosign certain letters or forms in connection with an application for employment-based permanent residency, as directed by OIA.
    • Office of International Affairs – Educates the Departmental Chair/Center Director/unit manager, administrative personnel, and employee being sponsored for employment-based permanent residency regarding regulations and requirements; reviews and obtains signatures on any documents that require the employer’s signature.

    If the Department would like to sponsor an employee for permanent residency, please submit the sponsorship request form (113 KB PDF) to OIA for review.

Retention of Immigration Counsel

If you meet the eligibility criteria for a category that requires employer sponsorship, you must retain an immigration attorney from a list of approved  attorneys by OIA to prepare, assemble, and process all applications and petitions.

The Department/Center will work with an approved attorney to provide additional information and documentation as requested. If further advertising and recruitment are required, this will be arranged by the hiring Department under the direction of the attorney.

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