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Employing Permanent Residents

* Commitment Statement
UC International Services Commitment Statement regarding employment petitions and Permanent Residence processes

UC International Services offers immigrant visa processing assistance to all campuses. We will meet with all full-time faculty and professional staff, teaching and non-teaching, to discuss options for permanent residence, and will endeavor to assist in the immigrant visa process whenever possible. The University will provide full immigrant visa services for teaching faculty (actual classroom teaching must be involved) and non-teaching permanent professional positions requiring labor certification. Departments should not use outside counsel. However, if permission to use outside counsel is granted by our office, the hiring department must pay all attorney fees. It’s a violation of Department of Labor regulations to have the international employee either reimburse the University for legal fees or to pay the fees directly.

UC International Services will not provide immigration assistance for applications based upon the Outstanding Researchers or Professors category, National Interest Waivers (NIW’s), marriage to a U.S. citizen or other family based sponsorships, or the visa diversity lottery. International employees who desire to apply for these categories should use outside legal counsel to help process the petition.

In order to qualify for permanent residence, the position must be full-time and defined as permanent by UC. A permanent position is one that does not have a definite termination point defined either by a date or the completion of a project or assignment, is not seasonal or intermittent, and is not presently intended or contemplated by the department to have some specified end date in the future. Please note that postdoctoral fellowships and "visiting" positions of any kind are not considered permanent by the university.

Before beginning this process, both the employee and his/her supervisor should make an appointment with UC International Services to discuss the procedure and specific requirements. If it is determined that the job and the employee meet the criteria for one of the permanent resident categories, UC International will work with the department to ensure that the minimum job requirements and offered salary are in compliance with Department of Labor standards and formulate the appropriate advertising efforts.

All permanent resident requests should be submitted electronically through UC International Services' iStart database. To submit a Permanent Resident request please do the following:

  1. Go to https://ioffice.uc.edu.
  2. Click on the "Administrative Services for University Departments" link.
  3. Enter and submit your University 6+2 login information.
  4. Click on the “Departmental Services” link from the menu.
  5. If you don’t already have iOffice access you will need to click the “Departmental Access Request” link.
  6. Once you have department access you will click the “Permanent Residence” link to start the process. There is a link for teaching positions and non-teaching positions.
  7. Follow all instructions and provide all the requested information. Scan and upload (or fax) the required supporting documents in PDF format.

The Application Process

The permanent residency process for faculty and professional positions generally entails three phases. UC International Services assists with all three steps, which are:

  1. Labor Certification,
  2. UC’s filing of an I-140 petition requesting an immigrant visa for the foreign national once the Labor Certification Application is approved, and
  3. The foreign national’s filing of an I-485 application to adjust status to permanent residence.

The I-140 and I-485 filings are addressed in more detail in separate UC International Services memos. Outstanding Professors and Researchers are exempt from the labor certification process. See the UC International Services memo setting forth the specific requirements and supporting documentation required for I-140 filings based upon the Outstanding Professor and Researcher category for further detail.

It is essential that attention is paid to Labor Certification Application (LCA) filing deadlines with respect to requisite advertising time frames and the foreign national’s ability to preserve work eligibility and/or a non-immigrant status such as H-1B. For example, in order to request additional H-1B time beyond the initial six year limit, the LCA must be filed before the end of the fifth year of H-1B status. If no LCA is required, the I-140 must be filed prior to the end of the fifth year of H-1B status.

Immigrant visas are allotted by the Department of State based upon the type of employment and the foreign national’s country of birth. Information as to availability of immigrant visa numbers is provided in the Department of State’s monthly Visa Bulletin. The worldwide level for annual employment-based preference immigrants is at least 140,000. If there are more applicants than available visas, the category is considered to be oversubscribed. If that is the case, a “priority date” is listed for the backlogged category, meaning that only applicants who have a priority date earlier than the cut-off date may be allotted an immigrant visa number. The foreign national’s priority date is the date on which the LCA is filed, or if an LCA is not necessary, the date of the I-140 filing. An I-485 application cannot be filed (or if pending, adjudicated) if the foreign national’s priority date is not current.

Recruitment Requirements for Teaching Positions

  • The job must include actual classroom teaching.
  • The position must have been advertised in a national professional journal/publication and this ad must be a paper/print advertisement.
  • The foreign national selected must have been found to have been more qualified than any U.S. workers who applied for the job. U.S. worker is defined as a U.S. citizen, U.S. national, permanent resident or temporary permanent resident, refugee or asylee.
  • The formal offer letter must have been issued within 18 months of the date on which the labor certification application is submitted to the Department of Labor.
  • Copies of the CVs received from all applicants must be retained and provided to UC International Services for the required audit file.
  • A Report of Recruitment must be prepared, printed on UC letterhead and signed by the Department Head or Dean of the College. A sample report is provided with these instructions.
  • At least 30 days prior to the date on which the Labor Certification Application is filed for a faculty or any other union position, a notice of such a filing must be submitted to the union. A sample notice is attached. When calculating the 18 month filing window, it is important to allow time for issuance of the aforementioned Notice of Filing.
  • UC International Services must obtain a prevailing wage determination from the Ohio Department of Job and Family Services (ODJFS). This step may be done upon our receipt of the completed forms and supporting documentation. The prevailing wage request is submitted on-line and ODJFS response times vary from days to one month. When calculating the 18 month filing window, it is important to allow time for receipt of the
    prevailing wage determination. The hiring department must agree that the foreign national will be paid no less than the prevailing wage at the time the foreign national receives his/her green card.
  • Additional recruitment efforts are not required, but if conducted, should be described on the appropriate on-line submission and copies of the corresponding advertising should be provided.

Advertising Content Requirements

  • Name the employer
  • Direct applicants to report or send resumes to the employer
  • Provide a description of the job duties specific enough to apprise the U.S. workers of the job opportunity
  • Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity
  • Salary info is not required (except in the Ohio Means Jobs system), but if advertised, it can’t be lower than the prevailing wage rate.
  • May not contain any job requirements or duties which exceed the job requirements or duties listed on the Labor Certification Application
  • May not contain wages or terms and conditions of employment less favorable than those offered to the foreign national.

Recruitment Requirements For Non-Teaching Professional Positions

Do not place any advertisements before consulting with UC International Services.

  • In order to qualify for Labor Certification, the U.S. Department of Labor requires UC to prove that no minimally qualified U.S. workers are available to fill the position at the time of filing. U.S. worker is defined as a U.S. citizen, U.S. national, permanent resident or temporary permanent resident, refugee or asylee. Note: Individuals who meet all minimum requirements, but indicate they have accepted other employment or would not accept the UC position for any reason, an example being the offered salary or benefits, are not considered to be an “available U.S. worker.”
  • An applicant may not be rejected if the worker “can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the-job training.” U.S. DOL regulations do not define the term “reasonable” period.
  • UC International must obtain a prevailing wage determination from the State of Ohio’s Department of Job and Family Services (ODJFS). The prevailing wage request is submitted on-line and a response times vary, from days to one month. This should be done prior to the start of any advertising. The Department must provide the following in order for UC International Services to formulate the prevailing wage request: specific job duties, minimum required academic degree level and field of study; amount and type of required work experience; amount and type of required training; required special skills and licenses title of immediate supervisor for the position and number, if any, of individuals supervised by the foreign national. The hiring department must agree that the foreign national will be paid no less than the prevailing wage at the time the foreign national receives his/her green card.
  • A job order for the position must be placed for 30 days on the ODJFS job bank referred to as Ohio Means Jobs. The LCA cannot be filed until at least 30 days after the 30 day posting period has ended to allow sufficient time for applicant responses. This recruitment effort must include the salary. Thus, UC International Services should obtain a prevailing wage determination before the Ohio Means Jobs posting is placed as the employer cannot advertise or pay a salary below the prevailing wage. The hiring department must place the posting through Theresa Murphy in Human Resources. Make sure Theresa knows that the ad is for the labor certification process so that she can instruct the ODJFS to post the ad for only 30 days and not their typical 6 month time frame. Also advise Theresa that you will need a copy of the job posting as well as  documentation as to the posting dates.
  • The position must be advertised in two Cincinnati Enquirer Sunday editions. The ads can appear over two consecutive Sundays. If the job is not located in the Cincinnati area, please consult UC International Services for more specific instructions.
  • Three additional recruitment steps must be selected from the following ten options: Job fairs; Employer’s website; Job Search website other than employer’s; On-campus recruiting; Print ad with trade or professional organization; Private employment firm; Employee referral program; Campus placement office; Local and ethnic newspapers; Radio and television advertisements. The employing department should consult with UC International Services as to the most appropriate types of advertising and the duration of the ads and related response times for applicants. The Department of Labor has the authority to review the employer’s choices for optional recruitment as to the reasonableness and likelihood that they are forums most likely to produce U.S. workers.
  • None of the advertising efforts may have taken place more than 180 days prior to the filing of the Labor Certification Application. One of the three “additional recruitment steps” may take place within 30 days of the LCA filing.
  • Copies of the CVs received from all applicants must be retained and provided to UC International Services for the required audit file.
  • A Report of Recruitment must be prepared, printed on UC letterhead and signed by the Department Head or College Dean. A sample report is provided with these instructions.
  • A notice of filing must be posted for ten consecutive business days in one conspicuous location where the foreign national will work prior to the filing of the Labor Certification Application. If the sponsoring department normally recruits for similar positions through in-house media (electronic or printed), the Notice of Filing must also be placed in such media for 10 consecutive business days, or the department’s normal procedure, whichever is longer. A sample notice is provided with these instructions. The Labor Certification Application may not be filed any earlier than 30 days after the end of the required 10 day posting period.

Advertising Content Requirements

  • Name the employer
  • Direct applicants to report or send resumes to the employer
  • Provide a description of the job duties specific enough to apprise the U.S. workers of the job opportunity
  • Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity
  • Salary info is not required (except in the Ohio Means Jobs system), but if advertised, it can’t be lower than the prevailing wage rate.
  • May not contain any job requirements or duties which exceed the job requirements or duties listed on the Labor Certification Application
  • May not contain wages or terms and conditions of employment less favorable than those offered to the foreign national.
* Sample Recruitment Summary for Teaching Positions (69.0 KB)
A letter detailing the recruitment process is required for all teaching positions. Use this sample as a guide to writing such a letter for permanent resident positions.
* Labor Certification Posting Notice (Non-Union Teaching Positions) (19.2 KB)
Notice of filing labor certification by the University of Cincinnati for non-union teaching positions for permanent resident petitions.
* Sample Recruitment Summary for Non-Teaching Positions (16.6 KB)
A letter detailing the recruitment process is required for all non-teaching positions. Use this sample as a guide to writing such a letter for permanent resident petitions.
* Labor Certification Posting Notice (Union Teaching Positions) (19.5 KB)
Notice of filing labor certification by the University of Cincinnati for union teaching positions for permanent resident petitions.
* Labor Certification Posting Notice (Non-Union/Non-Teaching Positions) (18.9 KB)
Notice of filing labor certification by the University of Cincinnati for non-union positions for permanent resident petitions.