An individual should be hired into a tenure-track position only if he/she is eligible to pursue permanent residency. Assuming an application for permanent residency status was filed in a timely manner, tenure review should occur whether or not this process has been completed.
Since employment at UK requires immigration approved work permission, the tenure award letter/contract should reiterate the immigration status requirement as follows:
“The award of tenure is contingent upon the success of your application for permanent residence. Should the U.S. Citizenship & Immigration Services deny your application for permanent residence, your employment with the University of Kentucky will terminate with the expiration of your work permission. If you wish to be employed at UK, you will need to reapply if a suitable vacancy arises and if you are eligible for a non-immigrant employment status.”