PR Sponsorship Visa Special Handling Re-recruitment

Overview

The Special Handling Re-recruitment path to PR is used when the position has teaching duties but there was either no search conducted or the original search didn’t meet the Department of Labor’s criteria. To use this path, a full search for the employee’s position will need to be conducted. 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 the current UT employee is the best candidate, then the permanent residency process can continue.  It is important to note that the UT employee can only be considered better than the other candidates based on his/her qualifications at the original time of hire with UT.  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 is more qualified than the UT employee, then the permanent residency and search processes would stop. The employee would not lose his/her position.

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 Special Handling Re-recruitment process:

1. Conducting a full search for the position that meet’s DOL’s criteria

2. 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

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

4. 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 $10,000 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 $13,215 - $17,155 (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 Special Handling Re-recruitment policy at the University of Tennessee.

20 CFR 656.1(a)

20 CFR 656.18(b)