Standard Labor Certification
Overview
In order to file a Standard Labor Certification with the U.S. Department of Labor the employer must show proof that there are no minimally qualified U.S. workers in the workforce ready and willing to take on the job. This is the first step of three in an employment-based permanent residency (PR) process. The following criteria are the foundation of a standard labor certification petition:
- The position is full-time
- The position must be indefinitely renewable with at least 36 months of expected funding
- The international employee must have at least 12 consecutive months in the position
- The hiring department must be willing to undergo a national re-recruitment process to show evidence that there are no U.S. workers or permanent residents in the labor pool.
During re-recruitment, if a minimally qualified U.S. citizen or lawful permanent resident applies for and is available to fill the position being advertised, the hiring unit will not be able to use the Standard Labor Certification approach to pursue permanent residency.
Timeline*
|
Steps |
Description |
Timeframe |
|
Employee is hired |
The international employee must have been employed at KU for 12 months full-time prior to consideration for PR sponsorship |
12 months |
|
Department agrees to sponsor PR through Standard Labor Certification |
Department must work with HR to develop a formal position description, including duties and minimum requirements |
varies |
|
Prevailing Wage Request |
Department must provide a copy of the position description to IP. IP will submit a prevailing wage request to the Department of Labor (DOL) and wait a determination |
6-8 weeks (can occur concurrently with re-recruitment) |
|
Re-recruitment begins |
The department conducts a recruitment campaign with HR that includes a recruitment report that identifies the lawful, job-related reasons why any U.S. citizen or permanent resident applicants were deemed not qualified |
Initiates the 6 month window for submission of the Labor Cert with DOL |
|
Department Data |
The hiring department at KU completes the Standard 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 |
|
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 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 within 6 months* of the date the re-recruitment was initiated |
|
DOL Decision Timeframe |
DOL processes the Labor Certification application. |
4-6 months |
* Note: In some cases, the timeline for submission to DOL will be considerably shorter than 6 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.
Eligible Standard Labor Certification cases are referred to The Office of International Programs' designated outside immigration counsel for case preparation and filing. If you are a KU department wanting to initiate this process for an international employee, please contact Keeli Nelson.
