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.
