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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:

1. Filing a Labor Certification with the Department of Labor

   1. This step must be completed within 18 months of the date on the offer letter

   2. 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

2. Filing a form I-140 with USCIS (this form renders the employee eligible for PR and is considered the university’s petition)

3. Filing a form I-485 with USCIS (this form is the request to adjust status to PR and is considered the employee’s petition)

The immigration attorney will guide the department and employee through each step of the process. Departments should read the attorney’s emails carefully and follow their instructions.

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.

The total estimated cost is $8,215 - $12,155 (assuming premium processing isn’t used). The actual cost will be billed to the hiring department by the Office of the General Counsel.

All costs related to the filing of Labor Certifications and forms I-140 must be paid by UT and may not be paid by or reimbursed by the employee. Typically, the hiring department pays the costs for sponsoring their employee for PR, although some colleges might share the cost with the department.

The costs related to preparing and filing form I-485 may be paid by either the employee or by the hiring department. The university may not pay any costs associated with applications filed for dependents of the employee. Costs for dependents of the employee must be paid by the employee.

Regulatory Background

The following regulations form the basis of SHLC policy at the University of Tennessee.

20 CFR 656.1(a)

Under section 212(a)(5)(A) of the Immigration and Nationality Act (INA or Act) (8 U.S.C. 1182(a)(5)(A)), certain aliens may not obtain immigrant visas for entrance into the United States in order to engage in permanent employment unless the Secretary of Labor has first certified to the Secretary of State and to the Secretary of Homeland Security that:

(1) There are not sufficient United States workers who are able, willing, qualified and available at the time of application for a visa and admission into the United States and at the place where the alien is to perform the work; and

(2) The employment of the alien will not adversely affect the wages and working conditions of United States workers similarly employed.

20 CFR 656.18(b)

The employer may recruit for college and university teachers under § 656.17 or must be able to document the alien was selected for the job opportunity in a competitive recruitment and selection process through which the alien was found to be more qualified than any of the United States workers who applied for the job.