Permanent Residency

PR

  • a. What do I need to know?

    Employment-Based Permanent Residence Petition: Petitions filed with USCIS to secure permanent residence for a foreign national employee. Petitions are usually filed by a US employer but may be self-filed by a qualified foreign national. Petitions filed by a US employer require evidence of a full-time offer of employment for an indefinite duration (i.e. employment relationship has no fixed end date).

    Employment-based Permanent Residence Petitions Sponsored by UTRGV:

     i.    EB-1 Extraordinary Ability

     ii.   EB-1 Outstanding Professor/Researcher

     iii.  EB-2 Advanced Degree Professional and Advanced Degree Professional Requesting a National Interest Waiver

     iv.  EB-3 Professionals/Skilled Workers, including Schedule A petitions for Registered Nurses and Physical Therapists

    Sponsorship for Permanent Residence.

    a. To ensure institution-wide compliance, Immigration Services (IS) is the only representative to file employment-based permanent residence petitions on behalf of the institution. Private legal counsel may not file these petitions on behalf of the institution and cannot represent UTRGV on any immigration filing.

    b. Prior to commencing an employment-based permanent residence petition for a foreign national employee, IS will confirm the employee’s eligibility for permanent residence and determine the most appropriate process to follow. Any and all conflicts with the current nonimmigrant visa status will be addressed and resolved.

    c. At a certain stage in the permanent residence process, the foreign national employee and dependent family members will file their personal applications for permanent residence status. UTRGV does not serve as legal representative to the foreign national employee or the qualified dependent family members with regards to their personal immigration applications.

    d. With the exception of the conditions mentioned below in subsection “e”, no petition for permanent residence will be initiated by UTRGV until the foreign national has successfully completed at least eighteen (18) consecutive months of service. UTRGV service during a full-time program of study at any academic level, does not count towards the 18 months of service requirement.

    e. The 18 month service requirement will be waived in extraordinary circumstances which may include, but are not limited to, the following situations:

    i. Foreign nationals transferring to UTRGV with less than 30 months (or 2.5 years) of time remaining on their current H-1B visa status cycle as of the date employment will commence at UTRGV;

    ii. Foreign nationals with a child in dependent nonimmigrant visa status who will reach the age of 21 in less than 30 months (or 2.5 years) as of the date employment will commence at UTRGV;

    iii. Foreign nationals holding faculty positions and/or with teaching responsibilities. The permanent residence process will begin for teaching faculty within twelve (12) months of the date of the first job offer letter received from UTRGV. The Permanent Labor Certification Special Handling (PERM-SH) process will be used for the employment-based permanent residence filing unless clear evidence indicates that an alternative process should be used.

    iv. A foreign national employee may elect to seek permanent residence status through self-petition. No self-petition for permanent residence may be signed by a UTRGV employee as sponsor of the petition. A UTRGV employee may provide a letter of recommendation (peer support letter) but cannot indicate or state that UTRGV is sponsoring the self-petition for permanent residence. Any and all documents sent by outside attorneys with a request for signature, must be forwarded to IS for review, prior to signing, to ensure that the documents conform to institutional policy.

    v. IS will ensure that the foreign national maintains valid nonimmigrant visa status during the permanent residence process to every extent possible. If circumstances do not allow for an extension of the nonimmigrant visa status, this information will be clearly communicated to the foreign national and the hiring department. If nonimmigrant visa status cannot be maintained, the foreign national employee will need to have a valid, unexpired Employment Authorization Document (EAD) card in order to continue working at UTRGV.



EB1

  • Extraordinary Ability, EB1A

    Aliens residing in the U.S. or abroad are eligible to apply for this designation, provided they meet two general qualifications stipulated by U.S. Citizenship and Immigration Services (USCIS):

    • They are able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim,” and
    • This extraordinary ability is well-supported through “extensive documentation.”

    A major, internationally recognized award like an Olympic Medal, Nobel Prize, or Oscar will meet these general standards.

    In the absence of such a rare honor, however, applicants can still demonstrate their extraordinary abilities, supported by extensive documentation, by meeting any three of the following 10 criteria:

    • Evidence of lesser nationally or internationally recognized prizes or awards for excellence.
    • Evidence of membership in associations in the field that demand outstanding achievement of their members.
    • Evidence of published material about the applicant in professional or major trade publications or other major media.
    • Evidence of participation by the alien as a judge, either individually or on a panel, of others’ work.
    • Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
    • Evidence of authorship of scholarly articles in professional journals or major trade publications or other major media.
    • Evidence of work that has been displayed at artistic exhibitions or showcases.
    • Evidence of having taken on a leading or critical role in distinguished organizations.
    • Evidence that the applicant commands a high salary or other significantly high remuneration relative to others in the same field.
    • Evidence of commercial success in the performing arts, as shown by either box office receipts or cassette, compact disc, video, or DVD sales.

    In addition to fulfilling the above criteria, applicants must prove that they will continue to pursue work in the U.S. in the field in which they have demonstrated extraordinary abilities. To this end, they strive to show that their work is of substantial and prospective benefit to U.S. national interests. 

  • Outstanding Professor Researcher, EB1B

    UTRGV employees are eligible to apply for this designation, provided they meet three general qualifications stipulated by U.S. Citizenship and Immigration Services (USCIS):

    1. International recognition for outstanding achievements in a particular academic field.
    2. At least three years of relevant research or teaching experience in that particular academic field.

    Note that research or teaching experience accrued while in pursuit of an advanced degree, such as a Ph.D., can be counted toward this requirement, but only in three scenarios:

    • The alien had already acquired the degree;
    • The teaching duties were such that the alien had full responsibility for the class taught; 
    • The research conducted toward the degree was recognized within the academic field as outstanding.

    UTRGV Employees must document their work history with letters from UTRGV and former employers describing work duties and duration of employment.

    1. A job offer for a permanent research position or a tenured or tenure-track teaching position from UTRGV.

    A permanent job offer is one in which an employee has a reasonable expectation of future employment. As a general rule, all job offers are considered permanent job offers, with the exception of contract positions that specify a particular duration of employment. Part-time jobs are considered permanent job offers, provided there is no fixed termination date.

    As with all employment-based, first-preference petitions, EB-1B petitions do not require a labor certification. However, the UTRGV employee seeking permanent resident status on the basis of an EB-1B classification must have secured the requisite job offer with UTRGV.

    In sum, The UTRGV employee must include documentation supporting at least two of the following six criteria:

    • Evidence of receipt of major prizes or awards for outstanding achievement
    • Evidence of membership in associations that require their members to demonstrate outstanding achievements
    • Evidence of published material in professional publications written by others about the alien's work (i.e. more than merely citing the alien’s work)
    • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or in an allied academic field
    • Evidence of original scientific or scholarly contributions in the field
    • Evidence of authorship of scholarly books or articles in academic or scholarly journals with international circulations in the field

    Procedurally, the EB-1B is filed by an employer with Form I-140, Petition for Alien Worker.



EB2

  • PERM - Special Handling

    The position must involve teaching

    Special Handling is limited to tenure tracked teaching positions at institutions of higher education. This means the position must involve some amount of actual classroom teaching. Faculty members are not necessarily teachers, thus, non-teaching positions such as researchers, librarians, and other administrative staff must be processed through the regular PERM process. In practice, a tenure-tracked faculty position with a combination of teaching duties and administrative/research duties may qualify for Special Handling. Also, the hours dedicated to teaching duties need not be more than 50% of total hours.

    Filing within 18 Months of Formal Selection Decision

    An important aspect of the Special Handling case is that the application must be filed within 18 months after the date the formal selection decision is made. If the application is not filed within 18 months, then UTRGV will not be eligible to file PERM for the alien under the Special Handling procedure. In practice, if the date of selection is not clear, the date the job offer is made may be considered as the starting date for calculating the 18 month period. The recruitment procedure must be very extensive and well documented by the individual UTRGV department, indicating the procedures involved in the selection and recruitment. It is important for UTRGV departments and UTRGV employee to be aware of this deadline. In the event that the UTRGV department missed the filing deadline, UTRGV has the option to reopen the nationwide recruitment process or go through regular PERM processing. However, either of these makeup procedures is very complicated, and involves risk.

    One Hard Copy or 30 Days Online Posting in a Professional Journal

    The position that the UTRGV employee has received must have been advertised during the recruitment process in a national professional journal (such as Chronicle of Higher Education), before selection. The advertisement must have been posted at least once in the hard copy version of the journal, or for 30 calendar days in the journal’s electronic version. This advertisement must contain the job title, duties, and requirements, but the wage offered is not necessary. A copy of at least one print version of the advertisement or proof of the online posting (printed copies of the online advertisement from the first and last days of advertising) with the name and date of publication must be provided.

    PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that your department communicates with IS as soon as they support your PERM.

  • PERM - Standard (Faculty)

    It is important for UTRGV departments and UTRGV employee to be aware of this deadline. In the event that the UTRGV department missed the filing deadline, UTRGV has the option to reopen the nationwide recruitment process or go through regular PERM processing. However, either of these makeup procedures is very complicated, and involves risk.

    The minimally qualified vs. more qualified distinction plays an important role depending on a job’s teaching status. If an alien is offered a job that does not contain a teaching component, then the alien will be subject to the minimally qualified requirement, in which the employer must prove that there is no qualified U.S. worker available to accept the job offer. But if an alien is offered a teaching position at UTRGV then the “more qualified” standard is used.

    More Qualified

    If a PERM is being filed for an alien in a teaching position, then the position will be subject to the “more qualified” standard. In this standard, the application for labor certification can be approved if it is shown that there are no U.S. workers who are at least as qualified for a position when compared to the UTRGV Professor. Therefore, the application can be approved even if several U.S. workers meet the minimum requirements for the offered position but none are equally as qualified as the alien. In other words, if the UTRGV Professor is found to be more qualified (i.e. more skilled and experienced) than any of the U.S. workers who apply for the job, the labor certification should be approved by the DOL. If a U.S. worker applicant is found to be as qualified as the alien then the PERM petition will be denied.

    Minimally Qualified 

    Regular, non-teaching PERM positions use the “minimally qualified” standard. A qualified U.S. worker means any U.S. worker who meets or exceeds the minimum requirements of education and experiences as stated in the PERM application. Unfortunately, this means that if even one interested, able, and available U.S. worker meets the minimum requirements for the offered position, the labor certification application will be denied even if the UTRGV employee is the most qualified person for the offered position.

  • PERM - Standard (Staff - Master’s Degree or Bachelor’s Degree + 5 years’ experience)

    Before a UTRGV can file an immigration petition for a foreign worker for most positions covered under EB-2 and EB-3 visas, the U.S. Department of Labor (DOL) must approve a labor certification. To this end, the employer submits ETA Form 9089 to DOL, which then must confirm to U.S. Citizenship and Immigration Services (USCIS) that the employer has satisfied two conditions:

    • There is not a sufficient number of U.S. workers who are able, qualified, and willing to accept the job offer in question at the prevailing wage for that occupation in the area where UTRGV intends the foreign worker to take the job; and
    • By employing the foreign worker, neither the wages nor the working conditions of similarly employed U.S. workers will be adversely affected.

    In brief, the PERM process requires UTRGV to conduct a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then we can submit a PERM labor certification application.

    UTRGV IS submits the labor certification applications electronically to DOL for adjudication. While we do not have to submit supporting documents at the time of filing, we must have conducted all recruitment activities and compiled all documentation prior to filing. Documents that we may use to demonstrate recruitment activities include website printouts, newspaper tear sheets, and job orders. (In the event of a potential audit or review down the line, IS saves this documentation for five years.)

    Originally, DOL expected an electronically filed PERM labor certification application not under audit to be adjudicated in roughly 45 to 60 days. The current processing time for PERM applications is closer to 90 days, however. If DOL selects a case for auditing, UTRGV is required to submit all requested documents within 30 days. Audit requests that go unanswered can result in the case being designated abandoned, and DOL may require UTRGV to undergo supervised recruitment for any labor certification applications in the future.

    After DOL approves a labor certification, we will file the associated immigrant petition with USCIS before the labor certification’s validity period, which lasts 180 days, expires.

    Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with the immigration services manager as soon as your department wants to go through this route.

    Minimally Qualified 

    Regular, non-teaching PERM positions use the “minimally qualified” standard. A qualified U.S. worker means any U.S. worker who meets or exceeds the minimum requirements of education and experiences as stated in the PERM application. Unfortunately, this means that if even one interested, able, and available U.S. worker meets the minimum requirements for the offered position, the labor certification application will be denied even if the UTRGV employee is the most qualified person for the offered position.

  • NIW - National Interest Waiver

    A National Interest Waiver (NIW) petition falls in the employment-based, second-preference (EB-2) immigration category. For most EB-2 applications, petitioners need a permanent job offer and an approved labor certification. However, an NIW requests these requirements be waived for the sake of the “national interest of the United States,” thus allowing an applicant to apply for this status without a labor certification or a job offer from a U.S. employer.

    In order to be qualify for an NIW petition, a beneficiary or applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the United States to waive the standard requirements of a job offer and labor certification. While each NIW case is adjudicated on its individual merits, the burden of proof is always on the applicant or beneficiary to establish that exemption from labor certification will be in the national interest of the U.S.

    Minimum Requirements 

    In order to qualify for an NIW, you must first satisfy requirements for an EB-2 petition.

    Possessing either an Advanced Degree or Exceptional Abilities qualifies you for an EB-2.

    In sum, you must possess at least one of the following minimum requirements:

    • An academic or professional U.S. degree above the baccalaureate level, or
    • A foreign degree equivalent above the U.S. baccalaureate level, or
    • A U.S. bachelor’s degree or foreign equivalent plus at least five years of progressive experience in your profession (combined, this is considered the equivalent of a master’s degree), or
    • Exceptional ability, which means a degree of expertise significantly above that ordinarily encountered in your profession.

    Additional Requirements for an NIW

    After the applicant meets the above requirements for an EB-2, the applicant must additionally satisfy the requirements of a three-prong test to show that he or she can benefit the national interest of the United States. The applicant must provide evidence that:

    • The applicant’s proposed endeavor has both substantial merit and national importance;
    • The applicant is well-positioned to advance the proposed endeavor; and
    • On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.


EB3

  • PERM - Standard Staff (Staff - Bachelor’s Degree or 2 years’ Experience)

    Before a UTRGV can file an immigration petition for a foreign worker for most positions covered under EB-2 and EB-3 visas, the U.S. Department of Labor (DOL) must approve a labor certification. To this end, the employer submits ETA Form 9089 to DOL, which then must confirm to U.S. Citizenship and Immigration Services (USCIS) that the employer has satisfied two conditions:

    • There is not a sufficient number of U.S. workers who are able, qualified, and willing to accept the job offer in question at the prevailing wage for that occupation in the area where UTRGV intends the foreign worker to take the job; and
    • By employing the foreign worker, neither the wages nor the working conditions of similarly employed U.S. workers will be adversely affected.

    In brief, the PERM process requires UTRGV to conduct a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then we can submit a PERM labor certification application.

    UTRGV IS submits the labor certification applications electronically to DOL for adjudication. While we do not have to submit supporting documents at the time of filing, we must have conducted all recruitment activities and compiled all documentation prior to filing. Documents that we may use to demonstrate recruitment activities include website printouts, newspaper tear sheets, and job orders. (In the event of a potential audit or review down the line, IS saves this documentation for five years.)

    Originally, DOL expected an electronically filed PERM labor certification application not under audit to be adjudicated in roughly 45 to 60 days. The current processing time for PERM applications is closer to 90 days, however. If DOL selects a case for auditing, UTRGV is required to submit all requested documents within 30 days. Audit requests that go unanswered can result in the case being designated abandoned, and DOL may require UTRGV to undergo supervised recruitment for any labor certification applications in the future.

    After DOL approves a labor certification, we will file the associated immigrant petition with USCIS before the labor certification’s validity period, which lasts 180 days, expires.

    Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with the immigration services manager as soon as your department wants to go through this route.

    Minimally Qualified 

    Regular, non-teaching PERM positions use the “minimally qualified” standard. A qualified U.S. worker means any U.S. worker who meets or exceeds the minimum requirements of education and experiences as stated in the PERM application. Unfortunately, this means that if even one interested, able, and available U.S. worker meets the minimum requirements for the offered position, the labor certification application will be denied even if the UTRGV employee is the most qualified person for the offered position.



Green Card 

  • Rights and Responsibilities

    PERMANENT RESIDENCE - RIGHTS AND RESPONSIBILITIES

    Congratulations on the recent approval of your permanent residence application! You have been issued a Permanent Card (green card). The following is to provide you with information on your rights and obligations as a lawful permanent resident of the United State. For additional information on maintenance of status obligations and for helpful information about living in the United States as a permanent resident, please refer to the USCIS guide, Welcome to the United States: A Guide for New Immigrants, which is available on the USCIS website.  

    Rights and Privileges

    A lawful permanent resident is authorized to reside in the United States permanently. Lawful permanent residents, including condition permanent residents, who obtained permanent residences through ways other than through employment are authorized to work in the United States without restrictions as to location, employer or type of employment. While citizenship conveys certain rights and privileges not available to permanents residents, you are not obligated to become a U.S. citizen and may remain a permanent resident indefinitely once you have filed to remove the conditions of your permanent residency.

    Although there are some restrictions and limitations on what permanent residents may do, these are rather limited. A permanent resident generally cannot vote, run for public office, serve on jury duty, or gold a Federal Civil job.

    As a lawful permanent resident of the United States, you will continue to be subject to U.S immigration laws. You have the obligation to maintain a legal residence in the United States and to file U.S. income tax returns as a legal resident. A permanent resident must also maintain permanent resident status or resident is subject to removal proceedings and exclusion from the United States upon commission of any act that serve as a ground for removal or exclusion, such as criminal activities.

    Social Security Card

    If your Social Security card was issued with an endorsement that did not permit employment authorization, you should apply for a new Social Security card so that you can obtain a card without a work restriction on it. You will keep same Social Security number. When you apply for your new card at a Local Social Security Administration office, submit a copy of your permanent resident card as evidence of your work authorization.  Social Security Administration offices are listed in the blue pages of the business telephone directory or you refer to www.ssa.gov.

    U.S. Income Taxes

    A lawful permanent resident is subject to U.S. income taxation, regardless of the source of income. Failure to pay and file tax returns on all sources of income could subject you to penalties under the Internal Revenue Code and possible rescission of permanent residence status. If you fail to file your federal tax return, or, file as a “non-resident” then you could jeopardize your ability to retain your permanent resident status severely and impact your eligibility for filing for naturalization to U.S citizenship. We recommend that you contact a tax advisor for more information regarding the tax implications of your new lawful permanent resident status.

    Selective Service Registration Requirements

    You may register at the Selective Service System website at www.sss.gov. After registration, you should receive a selective service registration card in the mail. You will need the card should you file for naturalization in the future. All males between the ages of 18 and 26 in the United States as immigrants are required to register with Selective Service.

    Public Assistance

    Receiving public assistance, whether federal or state, with in five years of approval as a permanent resident could be a basis for losing your permanent resident status and removal from the United States.

    Address Changes

    You are required to notify USCIS of any change of residential address within 10 days of that change. Failure to do so could result in serious consequences. Form AR-11 should be used for this notification. This form may be obtained and completed online from the USCIS web site at http://www.uscis.gov. Each family member must submit a separate from to the USCIS as direct.

    In any correspondence with USCIS, you should refer to your “A” or Alien Registration Number, which is on your Permanent Resident Card. Please print out the confirmation number that is provided to you once you have completed and submitted the form through the USCIS website for your record.

    Carrying Proof of Lawful Immigration Status

    The immigration law requires all foreign nationals 18 years and older to have in their possession evidence of lawful immigration status. For permanent residents, this includes the permanent resident card (green card) or an I-551 stamp that is temporary evidence of lawful permanent resident status. Failure to comply with this provision may result in a civil fine, imprisonment or both.

    Travel Abroad and Retention/Maintenance of Permanent Residence

    As a permanent resident, you are obligated to maintain your status through retention of legal residence in the United States. Although lawful permanent residents are not restricted from international travel, a prolonged absence of 6 month or more may be consider interruptive of maintenance of permanent residence for purpose of naturalization to U.S citizenship and re-entry to the United States. There are three steps which can be taken to avoid abandonment of permanent residence status: Re-Entry Permit; Special Immigration Visa; and an approved Application to Preserve Residence for Naturalization Purposes.

    1. Reentry Permit

    Absences of six month or more could result in an inquiry regarding your possible intent to abandon your permanent residency. For this reason, it is generally recommended that you apply for a re-entry permit (Form-131) before departing on a tip that will be for more than 6 month. In order to apply for the re-entry permit, you must be physically present in the United States at the time of filing and provide proof of your physical presence. The re-entry permit will indicate your intent to preserve permanent residence, and USCIS may be less inclined to inquire in detail regarding your intentions to maintain permanent residence. The re-entry permit is valid for two years and cannot be extended or renewed while you are abroad.

    In addition, if you have an absence from the United States exceeding one year and/or repeated absences of six month or more with in only brief visit to the United States, you should carry or have readily available for inspection, evidence of your intent of retain your permanent residence in the United States. This evidence can take the form of titles to real or personal property in the United States, a lease to residence or property, bank account statements, securities or other assets or investments, driver’s license, Social Security Card, credit cards and confirmation of U.S employment or of your temporary assignment abroad.

    Depending on the circumstances surrounding your case, if you move from the United States the you could be consider to have abandoned your permanent resident status. Merely obtaining a re-entry permit prior to departure does not, in and of itself, preserve resident status, nor does it constitute conclusive evidence of your intent to remain lawful permanent resident status in the United States. Also, because the residence requirements for citizenship are different from the requirements to maintain permanent residence, obtaining a reentry permit for periods spent out of the United States does not preserve your residence for naturalization purposes.

    1. Special Immigrant Visa

    A special Immigrant Visa is an application for admittance to the United States made once an individual has been outside of the United States for a period of more than one year. The application (Form OF-230)

    Requires evidence of legal permanent status, an intention to return at the time of departure, and a temporary visit abroad or reasons why the say became protracted. The U.S. Consular officials will review the evidence and determine whether the individual qualifies for the issuance of the Especial Immigrant Visa.

    1. Application to preserve residence

    Lawful permanent residents who must leave the United States for certain employment purposes and who wish to preserve his/ her continuous residence to purse naturalization may file an application to Preserve Residence for Naturalization Purposes (Form N-470). In order to file the application, you must be physically present and residing in the United States for an uninterrupted period any absences, for at least one year after your admission as a lawful permanent resident (except religious workers). The application may be made if the person has not been outside of the United States for one continuous year although the individual is currently outside of the United States. An approved application preservers the U.S. residence for naturalization purposes and considers the time actually spent abroad as time spent in the United States. The approved application also serves as evidence of continued U.S. permanent residence. This application maybe used by individuals who qualify but do not necessarily have the intent to become U.S. citizens.

    Obtaining U.S Citizenship

    You may be eligible for naturalization to U.S. citizenship 5 years from the date you became a permanent resident. (If you are married to a U.S. Citizen, you may be eligible to apply 3 years from the date you became a permanent resident and have been married for 3 to the U.S. Citizen at the time of the naturalization interview.) You must meet the physically presence requirement of at least two and a half years (one and half years of physically presence in the United States if based on marriage to a U.S Citizen).

    For purposes of maintaining a record of absences from the United States, we highly recommend that you keep a written inventory of all trips outside of the United States with dates of departure and return, names of airlines and flights numbers, destination cities, and the purposes of the trips. Retain all airline receipts since airlines often do not keep reliable records for very long time. In addition, you should note any travel to Canada and Mexico by bus, train or automobile. The accuracy and thoroughness of your records could prevent problems in the future when applying for a re-entry permit or naturalization.

    Anti-Discrimination Provisions

    The federal anti-discrimination statutes and immigration laws generally prohibit a legal entity from discriminating against any individual with respect to the hiring or recruitment or referral for a fee, employment, or discharge from the job because of (a) such individual’s national origin; or (b) in the case of a “protected individual”, because of such individual’s citizenship status.

    A “protected individual” is a citizen or national of the United States or a foreign national who is a lawful permanent resident, a lawful temporary resident, a refugee, or a person granted asylum. However, a permanent resident is not considered a “protected individual” if (1) the permanent resident fails to apply for naturalization within 6 month of the date of becoming eligible to apply for naturalization, or (2) if the permanent resident has applied for naturalization on a timely basis but has not been naturalized as a citizen within two years after the date of the application unless the permanent resident can establish that he or she is actively pursuing naturalization.

    Expiration of Permanent Card

    Your Permanent Card (green card) should be issued for a 10-years period. At the end of the 10 years and provided that you continue to meet the requirements for permanent residence, must apply for a new permanent residence card unless you have become a U.S. citizen. An application for a renewal or replacement permanent resident card can be made.

    Minor children who received their permanent cards when they were under 14 years of age will need to file for renewal of their cards upon turning 14 years old. If you need assistance, please contact us several month in advance. 

    This article is made available for information purposes only and does not constitute legal advice.