Overview
The Special Handling Labor Certification (SHLC) path to PR is the most commonly used path at UT. If the position has teaching duties and a full search was conducted, then SHLC is often the best option. This path has tight deadlines that are based on the date of the offer letter, so the process needs to begin as soon as possible after an offer is accepted.
If the following criteria were met during the search process, then a Labor Certification can typically be pursued:
A full search was conducted for the position and the sponsored employee was the best applicant willing and able to begin work
The job ad was placed in a national professional journal, either print or online for at least 30 days
The job ad text in the journal contained the job title, duties, and requirements
The employee met all the requirements and preferences of the job ad prior to the job offer
Process
UT uses the law firm of Kramer Rayson to file all PR petitions. Hiring departments may not prepare or file immigration documents on their own, and attorneys other than Kramer Rayson may not prepare or file immigration documents on behalf of UT.
There are three main steps in the SHLC process:
Filing a Labor Certification with the Department of Labor
This step must be completed within 18 months of the date on the offer letter
Before filing a Labor Certification, we must request a prevailing wage determination from the Department of Labor. DOL can take 6-8 months or more to provide this determination
Filing a form I-140 with USCIS (this form renders the employee eligible for PR and is considered the university’s petition)
Filing a form I-485 with USCIS (this form is the request to adjust status to PR and is considered the employee’s petition)
Costs
Estimated costs which must be paid by UT:
$5,000 retainer, hourly billing not to exceed $5,000 in attorney fees for the Labor Certification
$2,500 - $3,000 attorney fees to prepare the I-140 petition
$715 for the USCIS filing fee for the I-140
Estimated costs which could be paid by either UT or by the employee:
$1,440 for the USCIS filing fee for the I-485
$2,000 attorney fees to prepare the I-485 petition
There is also an option to pay a $2,805 premium processing fee to USCIS to expedite their processing of the I-140. This fee guarantees a response from USCIS within 15 business days for the I-140. It does not guarantee that the employee will have a green card in only a few weeks, but it sometimes speeds up the overall process. This fee is often unnecessary, so please consult with ISSS before agreeing to pay it.