U.S. Permanent Residence

Definition: Having a Green Card (officially known as a Permanent Resident Card) allows you to live and work permanently in the U.S. There are many ways to apply for Permanent Residency (PR); see USCIS’ website for more information on eligibility, procedures, and post-receipt responsibilities. In regards to UIC sponsorship, please see the following resources:

  • UIC Permanent Residency Sponsorship Guidelines – Outlines UIC’s approach to PR sponsorship: eligible titles, process, and category types. All sponsorship inquiries must originate with your department. Your HR administrator may contact us at oisscholar@uic.edu for additional guidance on the process.
  • Use of Attorney Guidelines – Describes situations in which you may, or may not, use an outside personal immigration attorney in the PR process. If you are seeking outside counsel, we suggest selecting an attorney who is a member of the American Immigration Lawyers Association (AILA). AILA has a convenient search tool to find attorneys in your area that specialize in particular topics.

UIC Employee, Pending-Permanent Residence Heading link

Definition

Individuals in this status have had an immigrant petition (Form I-140) filed with USCIS, and potentially Forms I-765 (work authorization) and I-485 (adjustment of status). “Pending-PR” may also be known as green card-pending, adjustment of status, pending Legal Permanent Residence, LPR-pending, AOS-pending, I-485-pending, or in UIC’s BANNER system, “TR” (Temporary Resident).

Check-in

If you are beginning a position at UIC in PR-pending status, you will need to check in with OIS.  Your department will initiate this process.  If you already hold a green card and you are beginning UIC employment for the first time, you will not check in with our office; please consult your HR representative for new employee onboarding procedures.

Maintaining Status Reminders Heading link

Notify OIS when you receive a new Employment Authorization Document (EAD) card, a receipt for a pending EAD card, receive an I-551 stamp indicating that you have been approved for permanent residence, and when you obtain the actual Permanent Resident card (also known as the “green card” or I-551 card).  See Green Card Received section below for more details.

Retain copies of all immigration documents including: current and expired passports, USCIS receipt and/or approval notices related to your pending PR petition, EADs or final green card. Upload any new copies of these items to myOIS via the International Employees & Visitors “Immigration Document Update” form.

Report any change in residential address, within 10 days of moving, to USCIS (Form AR-11), to OIS via myOIS  International Employees & Visitors “Address and Contact Update” form, and via UIC’s My Profile page.  If your status is pending at USCIS, print Form AR-11 or call 1-800-375-5283 to make the update.

Maintaining H-1B/O-1 Status Versus Presenting Your EAD Card Heading link

This chart is meant to provide general guidance to individuals who are both UIC-sponsored (H-1B and O-1 are most common) and have received a “Combo Card” or an EAD card based on pending adjustment. A Combo Card is an EAD card that serves as both advanced parole for travel and work authorization. This information is not inclusive of all possible situations. Please consult with an OIS advisor if you have additional questions about your specific situation. In some cases, we will advise you to consult your attorney for additional advice.
Maintaining non-immigrant status (H-1B, O-1, etc.) Utilizing an EAD card
Explanation Some individuals choose to maintain their non-immigrant status while their case is pending with USCIS for PR. You must maintain your underlying status in this situation. Some individuals choose to end their non-immigrant status to gain more flexibility in regards to their work authorization.
Work authorization You must work only as authorized by your non-immigrant status and through the end date on your current I-797 Approval Notice. If you are an H-1B or O-1 sponsored by UIC, please see your corresponding section on our website. Work only for the period approved on your Employment Authorization Document (EAD card).
Extensions Have the department apply for renewal of your status 4-6 months prior to the expiration of your current status. Extension limits vary by situation, in general 3-year extensions are allowed for individuals from an oversubscribed country (China, India, etc.) and 1-year extensions are allowed for all other situations. Apply for renewal of your EAD card 6 months prior to the expiration of your current card. EAD cards can be extended in increments of not more than one year at a time. USCIS allows for an automatic extension of 180-days of your expiring EAD if you file for the extension before the end date of your card.
Travel If you are an H-1B visa holder, you may travel on a valid H-1B visa stamp for as long as you have a valid I-797 Approval Notice. You may also choose not to use a visa to re-enter but rather use Advanced Parole (I-131). In either situation, you resume your H-1B status upon re-entry, unless you present your EAD card for work authorization/Form I-9. Once you present the EAD your non-immigrant status (H-1B) ends. Apply for Advanced Parole (I-131) prior to travel outside of the U.S. to avoid abandoning the I-485 petition. You must have a current EAD card, or timely filed extension, to continue to be work eligible upon return to the U.S.
Changing Jobs You may be able to change positions and/or employers if the proposed new position is the same, or similar, to your current position. Also, your approved Immigrant Petition (I-140) can remain valid if Form I-485 is filed on the basis of the EB immigrant petition and remains unadjudicated for 180-days or more. Please consult OIS prior to accepting any new position if UIC is your PR sponsor, otherwise contact your attorney/employer. You may change positions at your discretion.

Other Reminders Heading link

They may have an immigration status different from your own depending on which documents were filed with USCIS.  Consult OIS if we are your sponsor, or your attorney, if self-sponsored.

You are required to file both state and federal taxes.

If you were maintaining your immigration status at the time of filing the I-485 application, and were eligible to adjust your status at that time, you may remain in the U.S. legally after your I-485 has been filed.  Filing the I-485 gives you permission to remain in the U.S. Consult an attorney for specific details.

You are required to submit a Departure Verification Form upon leaving UIC.  This form is required regardless of your departure reason.  You do not need to submit this form if you are remaining employed by UIC, but have received your green card.

Green Card Received Heading link

Once you receive your permanent resident card (green card), notify OIS immediately by submitting a copy to myOIS via the International Employees & Visitors “Immigration Document Update” form.  Upon receipt, OIS will update our information and close your OIS record.  We will also update BANNER (GOAINTL) with the PR entry.  You will also need to update your department and have them “reverify” your Form I-9, work eligibility form.  Any underlying nonimmigrant status, such as H-1B, will be effectively closed when you receive your green card.

If you did not indicate on Form I-485 that you would like your Social Security card updated, review the Social Security Administration’s advice on how to update your work status ”conditions” and have them removed.  Most nonimmigrant cards will have the statement, valid with “DHS work authorization.” Please refer to the SSA website on how to change or correct information on your SSN record and get a replacement card.

Green card holders are able to naturalize and apply for U.S. Citizenship after maintaining PR status for some time, see USCIS’ Citizenship page for more information. Note: If you become a U.S. Citizen, you will need to update UIC of this citizenship change for employment and tax purposes.  OIS is not able to make this update in the university system (BANNER).  Please contact your college-level HR administrator to request this change.