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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.
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.
The employer may recruit for college and university teachers under ยง 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.