PR Sponsorship Via Standard Re-recruitment
- Erik Simons
Overview
The Standard Re-recruitment path to PR is used when the position doesn’t have teaching duties and no other paths are available to the employee. A Standard Labor Certification involves conducting a full search for the employee’s position. The job must be advertised again, the UT employee must be in the pool of applicants, and he/she must receive a new job offer letter. If there are no applications from US citizens or permanent residents who meet the minimum qualifications as stated in the job ad, then the permanent residency process can continue. It is important to note that the qualifications of the UT employee at the original time of hire with UT are the only qualifications that can be considered. Otherwise, the Department of Labor would argue that a US citizen could be “trained” for the position. If a US citizen or permanent resident applies and meets the minimum requirements of the position, then the permanent residency and search processes would stop. The employee would not lose his/her position.
There are multiple considerations when conducting a new search in order to meet the requirements of the Department of Labor. There are certain requirements regarding location of the job ad that must be met, including in the Knoxville News Sentinel and with the State Workforce and Development Agency, plus additional ads in such locations as professional publications, radio, or UT’s website. While the attorney will guide the department during the search process, please note that it will also require considerable involvement by the department.
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 four main steps in the Standard Re-recruitment process:
Conducting a full search for the position that meet’s DOL’s criteria
Filing a Labor Certification with the Department of Labor
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)
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 $15,000 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 $18,215 - $22,155 (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 Standard Re-recruitment 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.
Two of the steps, a job order and two print advertisements, are mandatory for all applications involving professional occupations, except applications for college or university teachers selected in a competitive selection and recruitment process as provided in § 656.18. The mandatory recruitment steps must be conducted at least 30 days, but no more than 180 days, before the filing of the application.