Permanent Resident Policy
FOR UNIVERSITY DEPARTMENTS
Campus Permanent Resident Policy
(Updated February 2018)
Missouri State University ("University") will only support a petition for an individual’s permanent residency in limited circumstances. Tenure-track academic positions or positions designated as "permanent", i.e., funded for three years, may be eligible for a university-sponsored petition for legal permanent residency. Before university will sponsor an applicant’s Petition, the Permanent Residency Approval Committee ("PRAC") will review applicant eligibility and processing priority. Postdoctoral positions and other non-permanent positions (e.g., "visiting", "acting", "interim", etc.) are not eligible for university-sponsored permanent residency Petitions. All attorneys’ fees for permanent residency (whether or not sponsored by the university) shall be the responsibility of the individual unless previously discussed and approved by the department and the Dean.
University will sign petitions on behalf of non-immigrants seeking permanent residence only within certain employment-based classifications as defined by U.S. Citizenship and Immigration Services ("USCIS"). Petitioners not approved by PRAC may seek outside legal counsel, but the university will not sign the petition for permanent residency.
University sponsorship for legal permanent residency is separate and distinct from tenure, and approval by PRAC is not a guaranty of tenure in the future.
In limited circumstances, university employees possessing academic or non-academic appointments may be considered for university sponsorship after PRAC review and approval.
University reserves the right to determine acceptable cases under this category where the long-term services of such an employee are deemed to be in the best interests of the university and would serve to further the university’s missions of teaching, research and public service. In addition, there must be assurances of a long-term commitment on the part of both the employing department and the employee.
University policies must be followed in regard to recruitment and hiring of any faculty/staff position, including those that may be petitioned for under the employment-based permanent residence policy.
No university department, unit or individual should promise current or prospective employees that the university would obtain permanent residence on their behalf.
A Permanent Residency Approval Committee, composed of the following: provost or deputy/associate provost, college deans, chancellor of Mountain Grove, chancellor of West Plains, the director of human resources, department of international services (ex-officio non-voting member) and general counsel’s office (ex-officio non-voting member) will review cases, establish institutional PR processing priorities, and determine the appropriateness of cases that have been recommended by a university department.
A private attorney must not be engaged to represent the university in any nonimmigrant or immigrant petition or application unless approved by the office of general counsel and the president in accordance with university policy.
* Note: "Permanent" is defined by USCIS as a position in which there is no anticipated ending date on the part of both the employer and the employee. In the case of positions that are grant-funded, it is possible to consider them to be permanent provided there is a reasonable expectation that the funding will continue into the foreseeable future. UNIVERSITY defines a "permanent" position, for the purposes of where there is a reasonable expectation that funding is available for at least three years. The term "permanent" should not be construed to suggest future employment without regard to university employment policies and budget considerations.