(PR) EB-2 Special Handling Labor Certification

The permanent residency process is a multi-step process involving both the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS). This process is a three-way partnership between IFSS, the hiring department and the applicant/employee.

The hiring department is encouraged to contact IFSS with any questions about the permanent residency process and to discuss procedures. Once the process has started, email forms to IFSS at ischolars@ohr.wisc.edu. IFSS will advise on more specific timeframes as it moves through the process.

WAGE DETERMINATION AND RECRUITMENT EVALUATION

In order to sponsor an EB-2 Special Handling Labor Certification permanent residency petition, the University must have conducted national recruitment that meets the U.S. Department of Labor standards. The standards are:

• One full advertisement must be in a professional journal of national circulation for at least 30 days.
• The ad must include the title, duties, minimum education, training and experience requirements listed (the same as what is listed in the UW’s PVL). If the ad is in a journal online, it must be available for at least 30 days.
  • Any preferred requirements listed in the advertisement are deemed implicit requirements by the federal government and the selected international applicant must meet the preferred requirements as well.
• No minimally qualified US worker applies.

To determine if the recruitment meets the above standards, please send the following documents to ischolars@ohr.wisc.edu:

• Copy of original PVL
• Copy of all the advertisements

The University must also agree to pay at least 100% of the prevailing wage as determined by the U.S. Department of Labor.

STEP 1 – LABOR CERTIFICATION

Once IFSS knows the recruitment meets the above standards and the UW is paying at least the prevailing wage, it can proceed with preparing the Labor Certification (aka PERM, aka 9089). Please send the following documents to ischolars@ohr.wisc.edu.

• Employee Intake Form (formerly the Beneficiary Form)
• CV, with current appointment included
• Original offer letter and any subsequent amendments/revisions
• Hiring Authority Recruitment Summary
• Spreadsheet with job related reasons for non-selection of the other applicants
• Search Committee Report
• Statement of Beneficiary’s Qualifications
• Notice PVL
  • Instructions for creating Notice PVL
  • Notice of Filing PVL Template Letter
• Other documents as needed based on the recruitment and employee’s situation

IFSS will submit the Labor Certification electronically once all the timelines and deadlines are met. There is no fee for this application.

The date the Labor Certification is submitted is the priority date for the employee.

STEP 2 – I-140 PETITION

Once the Labor Certification is approved, the University has six (6) months to file the I-140 petition. IFSS prepares the I-140. The following documentation is needed for the I-140.

• Most recent CV or resume
• Copy of diploma
  • If not in English, a translation is required
• Transcripts of the highest degree, if the field of study is not on the diploma
• Credential evaluation, if the highest degree is not from a U.S. college or university
• Copy of passport
• Copy of most recent I-94
• Additional documentation based on the job requirements
• If position includes clinical duties:
  • Copy of the Wisconsin medical license
  • USMLE scores
  • ECFMG Certificate
  • Documentation of Board Eligibility or Board certification, if required in PVL
• Filing Fee
• Optional: Premium Processing Fee
  • This additional fee will guarantee that USCIS will make a decision in 15 calendar days of receiving the I-140 petition.
  • NOTE: this does not guarantee approval. A decision may be an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID) or a denial. We will reach out to the Department immediately if the decision received is an RFE, NOID or denial.
  • IFSS will prepare the I-907 if the employee chooses to pay for premium processing.

STEP 3 – ADJUSTMENT OF STATUS

Visa Bulletin EB-2

Once IFSS has obtained the I-140 Approval Notice, it will be shared with the employee to complete the last step of obtaining permanent residency. With the approved I-140, the employee has now become eligible to “adjust” from a non-immigrant to an immigrant status so long as a visa number is available.  The Department of State (DOS) Visa Bulletin determines the employee’s ability to file the I-485 based on the priority date issued on the approved I-140. On the DOS Visa Bulletin webpage, there are two different bulletins: “Final Action Dates” and “Dates of Filing”. USCIS will determine which of these bulletins is used for each month. The DOS webpage provides a link to the USCIS webpage to figure out which one to use.

It is important to understand that, during this part of the process, IFSS cannot be involved since this is a personal application. While the University of Wisconsin petitions for an employee’s eligibility, it cannot actively assist after the I-140 has been approved (with the exception of the Supplement J; see below).

The employee may seek the assistance of an immigration attorney to prepare or review the I-485.  IFSS can provide a partial list of immigration attorneys upon request, but cannot make recommendations.  The list is not all inclusive nor does the employee have to use any of the attorneys on the list.

Filing Fees for this step can be found at USCIS.

Please remember: The University of Wisconsin cannot pay for any fees, whether they be lawyer or USCIS filing fees, associated with the I-485 application.

I-485 Supplement J

This is an attestation by the employer that the employee is working in the job offered to them in the Form I-140. The employee should contact IFSS when preparing the I-485 for submission to request this form, if the Supplement J was not provided with the I-140 approval.