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Basic information Permanent Residence sponsorship at Stanford Processing times Stages of obtaining Permanent Residency Steps in the Permanent Residency application process

Basic information

Permanent Residency (PR) is the right to live and work in the US indefinitely. Often people refer to this benefit as having a "green card".

It is possible, at present, to become a permanent resident of the US in numerous ways, including:

Through the petition of an employer– Stanford University policy requires that the Bechtel International Center processes and files all applications for permanent residency submitted on behalf of the University as employer. Attorneys are not permitted to file permanent resident applications based on Stanford employment. For exceptions to this policy, please click here.
Through the petition of a close relative
Through a self-sponsored petition to have your work recognized as in the national interest
By a successful application for political asylum
By winning the annual green card lottery

The information below refers only to those petitions sponsored by Stanford University as employer.

Permanent Residence Sponsorship at Stanford

All permanent resident applications filed by Stanford University must be processed by, or directed by, the Bechtel International Center. Hiring departments may not prepare or sign immigration documents or applications for Labor Certification related to permanent resident petitions. Outside attorneys may not prepare or file applications or petitions on behalf of Stanford University unless previously approved by the Stanford University Office of the General Counsel.

The University’s policies regarding the sponsorship of permanent residence petitions can be found in the Administrative Guide 28.1 and includes the following sponsorship scenarios:

Faculty — Tenure-line and tenured faculty.
Academic Staff-Research — Research Associates with a continuing appointment of at least 75% of full-time effort.
Regular Staff/Academic Staff-Teaching/Academic Staff-Librarians —Only in very rare circumstances does the University sponsor non-exempt staff or staff with fixed-term appointments for permanent residence. This also applies to Exempt Staff, Regular Staff, Academic Staff-Teaching and Academic Staff-Librarians. Exceptions to this rule need approval of the cognizant Dean, Vice-President or their designee, in consultation with the General Counsel, and are based on the University’s important business interest in pursuing the petition as well whether the petition has a reasonable chance of succeeding on its merits. The University will not sponsor staff who are in non-academic positions unless a special case can be made for an exception to this policy.
Some professional research staff may also be eligible if they have a continuing appointment with the Dean of Research.US immigration laws do not permit Stanford to sponsor students, part-time employees, or temporary employees for permanent residence.

While most University-sponsored applications succeed, it is possible that a case will not meet the requirements of US immigration law and the University will be unable to obtain permanent residence for a sponsored employee.

Note: During the entire PR process, up until the employee is able to adjust status, it is necessary to simultaneously maintain the non-immigrant visa status (e.g. H-1B, J-1, O-1) by requesting extensions of stay. If an employee is uncertain about when their non-immigrant visa expires, they should contact the I-Center by sending a HelpSU request.

Departments who are interested in initiating a permanent residence inquiry should have a senior department or unit representative contact Lee Madden at the Bechtel International Center by sending a HelpSU request. Lee will contact you to schedule a meeting.

Processing Times

The permanent residence application process can take from eight months to more than three years to complete, depending on the type of case and fluctuations in government agency processing times.

Stages of Obtaining Permanent Residency

There are either two or three general stages to obtaining Permanent Residency based on employment:

In most cases, the first stage is labor certification, through which the Department of Labor agrees that a permanent position may be filled by a non-US worker, based on a showing that no qualified US workers are available to fill it; this stage may or may not be necessary depending on the beneficiary's University position.
The second stage is submission of the employer’s Form I-140, immigrant visa petition to US Citizenship and Immigration Services (USCIS). Essentially this means that the employer is stating to the USCIS that “this is a job for which we believe permanent residence is appropriate.” In certain limited cases (outstanding researcher, national interest waiver, extraordinary ability), Form I-140 may be submitted without a labor certification.
The third stage is the foreign national’s individual application (referred to as Adjustment of Status) for permanent residence, based on the Form I-140. The employer has no direct involvement in this stage.

Bechtel’s role is confined to the first two stages. The third stage (Adjustment of Status) must be initiated by the individual. University policy views the Adjustment of Status as a personal process since it often involves family members, requires discussion of private information such as criminal convictions and violations of status, and may involve complex questions regarding timing and travel and re-entry. This policy tends to be standard at US Research institutions.

While it is possible to complete this final stage on your own we strongly suggest you consult with an immigration attorney. Things can go wrong, files can get delayed or lost, and travel plans may have to be altered. An attorney of record can assist with all these issues and more. Things may still go wrong with processing, but an attorney can help resolve or avoid many complications.

Search for an immigration attorney here

More information regarding the Adjustment of Status process is available in this document.

Steps in the Permanent Residency Application Process

Step 1. The department and the employee discuss the possibility of PR sponsorship.
Step 2. The department contacts the I-Center for an initial appointment and review of the process and further discussion of the preference categories.
Step 3. The chair of the department authorizes I-Center to move forward with a PR filing.
Step 4. The department and the employee, in consultation with I-Center, assemble the necessary documents for filing.
Step 5. The I-Center submits an application to the appropriate government agency and notifies the department that the filing has been done.
Step 6. Once the application has been approved, the employee needs to file an adjustment of status to become a legal permanent resident. (In some circumstances, step 5 and step 6 can be done concurrently.)