Special Handling Labor Certification
Overview
The Special Handling Labor Certification for teaching positions by the U.S. Department of Labor is a determination that the candidate hired is the most qualified person for the position. This is the first step of three in an employment-based permanent residency process. The following criteria are the foundation of a special handling labor certification petition:
- 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 nationally circulated professional publication
- The position must be the same as the one originally advertised
The Labor Certification process must be started with IP within 15 months of the date of the Provost's offer letter.
Timeline*
|
Steps |
Description |
Timeframe |
|
Provost Offer Letter |
The timeline for the Special Handling Labor Certification begins from the date that the Provost signs the offer letter for the new employee |
Initiates the 18 month time window for submission |
|
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 IP |
varies |
|
Employee Data |
The international employee completes the Labor Certification Employee Intake Form and submits all of the necessary documentation to IP |
varies |
|
Prevailing Wage Request |
IP submits a prevailing wage request to the Department of Labor (DOL) and waits for DOL to provide a prevailing wage determination (PWD) |
6-8 weeks |
|
Posting Notices |
Upon receipt of a Prevailing Wage Determination from DOL IP will provide the department with Posting Notices that must be placed in 2 conspicuous business locations |
10 business days |
|
Mandatory Wait |
Following the posting notices, IP must comply with a mandatory 30 day waiting period prior to submitting the Labor Certification to DOL |
30 days |
|
Absolute Filing Deadline with DOL |
IP submits the Labor Certification to DOL for a decision |
Submission must occur within18 months from the date the Provost signed the offer letter |
|
DOL Decision Timeframe |
DOL processes the Labor Certification application. |
4-6 months |
* Note: In some cases, the timeline will be considerably shorter than 15 months, depending on length of time the international employee has been in the U.S. in H-1B status. Contacting IP as early as possible is highly recommended.
