Hiring and inviting international workers is a complicated process. Prior to posting advertisements for teaching faculty, hiring officials may wish to contact ISSS to verify ad specifications. Adhering to certain ad specifications may aid with a smoother permanent residency process for some teaching faculty. Incomplete ads could lead to a costly re-recruitment process.
The university will not sponsor permanent residence for the following type of positions:
- Temporary and/or part-time positions, such as postdoctoral scholars and visiting scientists, because these positions do not meet regulatory standards as required for permanent residence.
- Positions with a bachelor’s degree as the minimum requirement may require the assistance of an attorney and will be approved on a case-by-case basis.
The university may sponsor permanent residence under the following conditions:
- The candidate holds a permanent position at the University of Kentucky. "Permanent" is defined by immigration guidelines as employment that is intended to be of an indefinite or unlimited duration. In other words, the nature of the position is such that the employee will ordinarily have an expectation of continued employment. In these cases, the request for the university to sponsor the application must be approved by the applicant’s chair, director or dean of the college.
- The position demonstrates secured funding that is either regular in nature, or in the case of a grant-funded position, includes a reasonable expectation that funding will continue.
- The candidate maintains a valid non-immigrant employment status while the application is being processed, unless it is concurrent filing with the I-485 Adjustment of Status. In this case, our office advises continuation of the H-1B rather than filing the Employment Authorization Document, but we defer to the counsel of the attorney.
- The supervisor or department head agrees to sign the documentation required. Please note that sponsorship or signatures on documentation doesn't necessarily include a responsibility to pay legal and/or other processing fees. The department's responsibility to pay fees will depend on the type of permanent residency case and whether the use of attorney is involved in the process.
Once the university has determined that the employee meets the criteria and university guidelines for sponsorship, ISSS is here to assist hiring officials in filing most types of permanent residency cases. However, a more difficult or complex case may require the services of outside counsel. This must be decided in consultation with ISSS. A list of pre-approved attorneys will be provided upon request.
ISSS must approve all attorneys prior to commencing work on behalf of the University of Kentucky. Departments are required to initiate this process by submitting one of the following initiation forms below.
FIRST Preference (EB-1): Outstanding Professors and Researcher Category
SECOND Preference (EB-2): Members of the Professions Holding Advanced Degrees
If you are unsure about which pathway to permanent residency is preferable, please contact the director of ISSS, Elizabeth Leibach.