Services for International Employees & Scholars

Special Handling Labor Certification

Overview

A PERM Special Handling Labor Certification is a unique pathway to permanent residency only allowed for teaching positions at colleges and universities.  A Special Handling Labor Certification allows colleges and universtities to sponsor international individuals as permanent employees in teaching positions as long as the international individual is deemed the best qualified for the position. This is the first step of three in an employment-based permanent residency process. The following criteria are the minimum required critieria for a PERM special handling labor certification:

  • The position is full-time
  • Teaching must be a formal component of the job
  • The position must be either tenure-track or indefinitely renewable
  • A printed ad must have been placed in a national professional publication or an online advertisement must have been placed for at least 30 days on an approved online professional journal website
  • The position sponsored must be the same as the one advertised
  • The international individual must be selected as the best qualified candidate from the rectruitment (or re-recruitment) and selection process

Timeline*

KU Employment Offer Letter

The timeline for the PERM Special Handling Labor Certification begins from the date of the KU offer letter for the new employee

The PERM must be submitted within 18 months of the date of the offer letter

Department Data

The hiring department at KU completes the Special Handling Labor Cert Departmental Intake Form and submits it along with all of the necessary documentation listed to International Affairs

varies

Employee Data

The international employee  completes the Labor Certification Employee Intake Form and submits all of the necessary documentation to International Affairs

varies

Prevailing Wage Request

International Affairs submits a prevailing wage request to the Department of Labor (DOL) and waits for DOL to provide a prevailing wage determination (PWD)

4-6 months

Notice to U.S. Workers

Upon receipt of a Prevailing Wage Determination from DOL, International Affairs will coordinate with HR and the employing department on the posting of notices that must be placed to give notice to U.S. workers that KU intends to file a Labor Certification

10 business days

Mandatory Waiting Period

Following the notice period, International Affairs must comply with a mandatory 30 day waiting period prior to submitting the Labor Certification to DOL

30 days

PERM Filing with DOL

International Affairs submits the Labor Certification to DOL for a decision

Submission must occur within 18 months from the date of the KU offer letter

DOL Decision Timeframe

DOL processes the Labor Certification application.

5-8 months

* Note: In some cases, the timeline will be considerably shorter depending on length of time the international employee has been in the U.S. in H-1B status. Contacting International Affairs as early as possible is highly recommended.

Forms


International Calendar

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