Sponsoring Permanent Residents
Permanent Residence “Green Card” Overview
Updated February 12th, 2025
Disclaimer: Information on this page is not intended to serve as legal advice. Immigration processes are subject to change and vary by situation. Please consult with the International Center or assigned immigration attorney to ensure accurate and case-specific information.
U.S. permanent residents - also referred to as "lawful permanent residents," "immigrant visa holders," and more colloquially, "green card holders" - are allowed to live and work in the United States permanently. They enjoy many (although not all) of the same benefits as U.S. citizens, including the ability to pursue almost any type of U.S. employment, reside in any location of their choosing, receive certain types of federal benefits, any apply for a wider array of federal research funding opportunities. Permanent residents also do not require, as non-immigrants do, an entry visa to re-enter the U.S. following international travel.
There are many routes to permanent residence, including family-based, employment-based, and other routes. The full range of options are discussed on the US Citizenship and Immigration Services (USCIS) web site.
In addition to school-based sponsorship policies that determine who may be sponsored for permanent residency, there are also eligibility requirements based on U.S. government regulations. Most applications for permanent residency at Tufts require a labor certification process. In order to qualify for a labor certification- based petition, the sponsored position should be full-time and considered “permanent” or of indefinite duration with a continued expectation of long-term employment.
Examples of positions that may qualify include tenure-track faculty or full-time lecturers, research scientists, or full-time staff positions that have indefinite or continually-renewable contracts. Positions that generally will not qualify include postdoctoral positions, visiting scholar positions, part-time lecturers, residents or fellows, or adjunct faculty.
In limited circumstances, part-time or non-permanent employees may qualify for non-labor certification based or self-petitioning (not employer-based) permanent residency categories.
Tufts University generally offers employment-based sponsorship for permanent residence in the below categories. Once a request for permanent residency is submitted to the International Center with the required approvals, the International Center will review submitted documents and consult with outside immigration counsel to determine the category that may be most successful for the petition.
- The EB-1B category requires the employee to provide evidence of international recognition and acclaim for outstanding achievement in a particular area. EB-1B Process Overview - International Center
- The EB-2A category requires the employer to obtain a permanent labor certification from the Department of Labor and to show that it has offered full-time permanent employment for a position that requires an advanced degree. EB-2A Process Overview - International Center
In general, the International Center recommends utilizing the EB-1B where there is a strong likelihood for success; however, in the event the EB-1B is not recommended or strongly supported, the EB-2A category will be selected instead.
Non-Employment Based Permanent Residency: Employees eligible for permanent residence under another eligibility category that does not require Tufts approval or is otherwise unrelated to their Tufts position (examples include EB-1A Extraordinary Ability or EB-2 National Interest Waiver categories) may pursue those options on their own, without University approval, unless funding is provided by Tufts on an extraordinary basis.
The process of sponsoring an individual for permanent residence can be very lengthy and often take two years or longer in cases that require a PERM labor certification Each individual case is different, government processing times are subject to change, and priority date retrogression can be difficult to predict. Upon initial review of employee eligibility, the external immigration firm will provide an estimated processing time. Employees and departments should understand that the sponsorship process involves complex steps involving the U.S. federal government, and extended waiting periods are common.
For those employees on time-limited visas such as the H-1B visa, the International Center will work with the employee, the department, and the immigration attorney in charge of the case to explore options for maintaining temporary employment authorization while the sponsorship process is underway. We recommend starting the sponsorship process with at least 2-3 years of remaining H-1B eligibility time in order to minimize the potential for disruption to employment.
- The sponsoring school and department and the sponsored employee review the aforementioned sponsorship information
- The sponsoring department and the sponsored employee contacts the appropriate International Center advisor to arrange an initial consultation.
- The department prepares and submits a signed and completed Tufts Legal Permanent Residence Sponsorship Request to the International Center.
- The International Center processes the request and assigns it to a University-approved immigration attorney.
- The attorney works with all parties- including the employee, the employee's department, and the International Center - to prepare and submit petitions and other materials required to apply for permanent residence for the employee.