"Special Handling" Labor Certification Procedures

It is possible for the university to obtain permanent residency (“green card”) for an international teaching faculty through the Special Handling Labor Certification process. In this process, the U.S. Department of Labor certifies that the selected individual is the most qualified candidate following a competitive search and that their employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To obtain labor certification for a teaching faculty member the University must demonstrate that they were selected as the most qualified candidate after a competitive search. The application for labor certification for a teaching faculty member must be filed within 18 months of the candidate's selection for the position (i.e., 18 months from the date of the offer letter).

The university can only petition for U.S. permanent residency (a “green card”) for permanent positions which include tenure-track and tenured positions. For non-tenure track Assistant Teaching Professor positions, we can apply for U.S. permanent residency only if the role is under a 5-year contract or a 3-year contract with guaranteed funding for 5 years.

Steps for Special Handling Labor Certification

  1. ISSS will file a Labor Certification Application with the U.S. Department of Labor for teaching faculty who have been selected as the best qualified candidate after a competitive search for a permanent position.
    • The certification can take approximately 1-2 years. It is not possible to expedite.
  2. Upon certification, the university will file the Form I-140, an immigrant visa petition, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the international hire (the beneficiary).
    • This step can take approximately 3 months or over a year, or 15 business days through premium processing. The premium processing fee is $2,805.
  3. Once the Form I-140 is approved, the international hire can file for a “green card” with the USCIS using the Form I-485 if their priority date is current. This step can sometimes be done concurrently with Step 2.  Consult ISSS for guidance on the pros and cons of concurrent filing.

Recruitment Required for Special Handling Labor Certification

Departments must provide documentation of their recruitment efforts. Advertisements must include the following:

  • Job Title
  • The degree required and area of specialization
  • Job duties
  • Minimum Requirements
    • Note that preferences are seen as equivalent to requirements. We must demonstrate that the candidate meets all requirements, including preferences

At least one advertisement must be placed in a national professional journal, such as Inside Higher Ed or Chronicle of Higher Education, for at least 30 days electronically or in print. 

ISSS can review ads before they are placed to confirm they meet the requirements for permanent residency sponsorship for an international hire. Please email the ad to isss@colorado.edu

Next Steps: International Hire in Permanent, Teaching Position

Once the selection process is complete and an international hire requires sponsorship for U.S. permanent residency, the academic department should reach out to their assigned ISSS advisor. They will provide guidance on the next steps.