Lawful permanent resident status is granted to individuals who intend to make the U.S. their principal place of residence, legally affording them the privilege of residing permanently in the U.S. as an immigrant. Individuals who have obtained lawful permanent residence (LPR) are also commonly referred to as "green card" holders (terms used interchangeably below).
There are a number of pathways a person can take to apply for a green card. Generally, people must have an approved immigrant petition and have an
immigrant visa available to be eligible for approval of LPR status. Immigrant petitions often involve either family sponsorship or employer sponsorship, though some categories are eligible for self-sponsorship. Additional information on obtaining LPR status is available through
U.S. Citizenship & Immigration Services (USCIS).
Requirements for NIH Sponsorship
In order for NIH to consider sponsorship of an immigrant petition on behalf of a scientist, s/he must hold or be approved for a permanent/indefinite Full-time Equivalent (FTE) appointment such as Staff Scientist or Staff Clinician and higher. There must be an expectation for long-term employment with at least two years remaining at the NIH at the time of filing.
Employees in a Staff Scientist or Staff Clinician position must be in that designation for six months before being eligible for NIH sponsorship. Higher-level positions such as Tenure Track or Senior Investigators do not have a time-in-designation requirement.
Non-FTE designations and trainee-level FTE appointments (Research Fellows/Clinical Fellows) are not eligible for NIH sponsorship of the immigrant petition.
To initiate NIH sponsorship of the immigrant petition, the employee's Institute/Center/Office (ICO) must submit a signed request to DIS. Contact DISLPR@mail.nih.gov to obtain the latest edition of our request form. Once DIS receives an approved sponsorship request from the ICO, we will evaluate the scientist's credentials to ensure their record sufficiently meets necessary requirements.
Detailed information on LPR sponsorship for NIH scientists and staff is available here (NIH users Only)
NIH Scientists Obtaining LPR Status Independently
NIH scientists in the Visiting Program may be eligible to apply for a green card without employer sponsorship. DIS is unable to provide guidance on the LPR process for those seeking a green card independently and strongly recommends obtaining reputable immigration counsel. Review the NIH
Ethics restrictions that may limit NIH employees' ability to issue letters in support of an LPR application.
It is important to inform DIS if you are pursuing or have obtained a green card. While unable to advise on the LPR process for scientists seeking a green card independently, DIS will assist to ensure that work authorization and immigration status are maintained until LPR status is obtained.
Once LPR status is obtained, the scientist should provide a copy of the green card to DIS and the ICO administrative contact. The ICO should start the conversion process as soon as possible to remove the scientist from the Visiting Program, which includes updating the scientist's NED record.
Frequently Asked Questions
If an individual obtains Lawful Permanent Residence (LPR) status, should the DIS be notified?
Yes. The individual should provide a copy of the LPR card (“green card”) to both the DIS and his/her ICO administrative contact. As soon as possible, the ICO should start the conversion process to remove the scientist from the Visiting Program, which includes sending a
Form 829-5 termination notice to the DIS and updating the scientist’s NED record.
What are my rights and responsibilities as an LPR?
Information on this topic is available on the
USCIS web site.
What is Lawful Permanent Residence (LPR)?
Lawful permanent residence is granted to individuals who intend to make the U.S. their principal place of residence, legally affording them the privilege of residing permanently in the U.S. as an immigrant. It allows unrestricted employment and, in general, the ability to apply for United States citizenship after five years. It also imposes new obligations: the individual must pay taxes on worldwide income, and males ages 18 to 26 must register with the US Selective Service System. Lawful permanent residents are typically not able to vote.
Individuals who have obtained lawful permanent residence (LPR) are also commonly referred to as “green card holders.”
What is the immigration process to obtain LPR status?
The U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), must determine that an individual is eligible for an immigrant visa, for example, as the beneficiary of a Family-based (Form I-130) petition or an Employment-based (Form I-140) petition, among others.
Once the individual is deemed eligible for an immigrant visa, there are two ways to obtain lawful permanent residence:
- By filing the Form I-485 application to adjust status within the U.S., or
- By obtaining an immigrant visa overseas from a U.S. Embassy/Consulate and applying at the port of entry for admission as a lawful permanent resident.
Additional information is available from the
USCIS.
What are the requirements for NIH sponsorship of LPR?
In order to be considered for NIH sponsorship, a scientist must hold or be approved for a permanent/indefinite Full-time Equivalent (FTE) appointment. Visiting Fellows and Research/Clinical Fellows are not eligible for NIH LPR sponsorship. The NIH Institute/Center/Office may request LPR sponsorship when the following conditions are met:
- There must be an expectation for long-term employment with at least two years remaining at the NIH at the time of filing
- Staff Scientists/Clinicians must have been in the relevant designation for six months. The time-in-designation requirement does not apply to more senior positions such as Tenure-Track or Tenured Investigators
Note: LPR sponsorship will not be started within six months of another major filing such as O-1 or IGA.
What are the credentials required for NIH sponsorship of LPR status?
When the DIS receives an approved sponsorship request from the NIH Institute/Center/Office (ICO), we evaluate the scientist’s credentials to determine the appropriate employment-based category (EB-1 or EB-2/NIW). In addition, final approval of the petition is determined by the USCIS.
Can the NIH sponsor an I-140 petition under other categories?
Since the NIH is not an academic, non-profit or private research institution, we cannot sponsor individuals under the “Outstanding Researcher” category.
How does an Institute/Center/Office (ICO) start the LPR process?
The ICO starts the process by appointing a scientist to a permanent/indefinite Full-time Equivalent (FTE) appointment. The ICO must then complete an LPR sponsorship request form. An ICO Administrative Officer or Key Contact can e-mail
DISLPR@mail.nih.gov to obtain the request form.
How long does it take to get LPR status (“green card”) via NIH sponsorship?
Processing times vary based on the circumstances of every specific case. In general, however, processing times to receive LPR typically involve:
- DIS processing times of approximately 75 days AFTER receipt of ALL evidence. This estiimate does not include additional time spent for the scientist to gather evidence that may be requested by the DIS.
- U.S. Citizenship and Immigration Services
Regular processing – I-140 & I-485;
Premium processing – I-140 only; available in limited circumstances.
When should an ICO start the LPR process?
The ICO should start the process as soon as it determines the need to retain a scientist permanently. ICOs are encouraged to work with the DIS for a case-by-case determination based on factors such as remaining eligibility for nonimmigrant status, other nonimmigrant options, dependent children “aging out” (i.e. turning age 21), etc.
While the I-140 is pending, should the scientist maintain an underlying non-immigrant status, e.g. H-1B or O-1? Additionally, can the scientist travel internationally?
In general, the DIS recommends that a scientist maintain an underlying nonimmigrant status while the I-140 petition is pending. However, the DIS will review this with the scientist on a case-by-case basis.
Regarding international travel, the scientist should consult with the DIS before leaving the U.S. Travel is possible while maintaining certain underlying nonimmigrant statuses, or with “Advance Parole”, if an I-485 and I-131 have been filed.
Can a scientist self-petition or seek Lawful Permanent Residence (LPR) independent of NIH?
Yes. Consult the
USCIS for more information.
You can also consider consulting an immigration attorney about your options. Please notify the DIS if you file an LPR petition.
YPlease note that the DIS cannot offer advice regarding an independent petition, nor can the DIS provide any specific letters of support.
If an individual self-petitions for LPR status, e.g. under the Extraordinary Ability or Exceptional/National Interest Waiver categories, may an NIH employee write a reference or recommendation letter to the USCIS or other government agency?
Review the NIH
Ethics restrictions that may limit certain letters in support of a self-petitioned LPR petition.
Revised 11/2025
