Employment Based Immigration

1
Employment Based Immigration

• Presented by
• the International Center

2
Elements of the position

• The position offered is permanent.
• The position is full-time.

3
Commitment of the international faculty and the
department

• The faculty member intends to remain in the
  position indefinitely and meets the criteria
  established by the USCIS laws.
• The hiring department is willing to devote the
  staff time necessary to undertake the process
  with UFIC.

4
What Positions Qualify for UF Sponsorship?

• Tenure and non-tenured faculty lines.
• Generally TEAMS positions will not qualify for
  sponsorship.
• Postdoctoral positions, medical residents,
  trainees do not qualify for sponsorship

5
Employment Based Immigration Categories supported
at UF

• Aliens with extraordinary ability
• Outstanding professors or researchers (EB-1)
• Members of the professions holding advanced
  degrees (EB-2)

6
EB-1 Extraordinary Ability

• One of a small percentage who have risen to the
  very top of the field of endeavor. Demonstrated
  by sustained national/international acclaim and
  recognized achievements.
• May self petition
• No labor certification requirement

7
EB-1 Outstanding Professor

• Recognized internationally as outstanding in the
  academic field, and who has at least 3 years of
  teaching or research experience in the field.
• Must have offer of a tenured or tenure-track
  teaching or permanent research position.
• No labor certification requirement.

8
EB-2 Advanced Degree Holder

• An individual holding a degree above a bachelors
  degree, which is required for the job offered
• Must have offer of a permanent full-time position
  which requires an advanced degree or equivalent.
• Standard labor certification required special
  handling for teachers.

9
EB-3 Professional or Skilled Worker

• An individual with at least a bachelors degree
  in a specific field of endeavor (professional) or
  with at least two years of specific education,
  training or experience (skilled worker).
• Must have offer of permanent full-time position
  meeting criteria.
• Standard labor certification required.

10
Labor Certification

• A labor certification is a finding by the
  Department of Labor (DOL) that there are not
  sufficient U.S. workers in the geographic area of
  employment who are able, willing, qualified and
  available to do the job in question, and that the
  employment of an alien will not adversely affect
  the wages and working conditions of U.S. workers.

11
Labor Certification Issues

• How a prevailing wage is determined and applied
  by SWA.
• Whether jobs duties or minimum requirements are
  set in an overly restrictive way.
• Actual minimum requirements.
• What constitutes adequate requirement.
• Importance of filing deadlines.

12
Notice requirements

• In all labor certification application cases,
  employers must post a notice of the availability
  of the position to their current employees,
  before filing the ETA Form 9089, or to the
  occupations bargaining representative if
  unionized.

13
Advertising Recruitment Requirements

• Positions which include actual classroom teaching
  benefit from special requirement documentation
  standards that allow UF to select the alien if
  s/he is more qualified than any of the U.S.
  workers who applied.
• For all other positions, UF must demonstrate that
  it was unable to recruit any U.S. citizen who
  possesses the minimum qualifications to perform
  the job.

14
Requirements for Special Recruitment

• Prevailing Wage Determination.
• Internal Notice.
• Prohibition on unduly restrictive requirements.
• 1 national professional journal ad (print!)
• Recruitment report on competitive recruitment.
• Selection may be no more than 18 months prior to
  filing.
• Follow all UF normal competitive recruitment
  process

15
Requirements for Standard Recruitment

• Prevailing Wage Determination
• Internal Notice
• No unduly restrictive requirements.
• State Workforce Agency (SWA) 30-day Job Order
• 2 Sunday newspaper ads or 1 Sunday paper ad 1
  professional journal ad
• 3 additional recruitment steps
• Recruitment report
• Recruitment steps must occur between 180 30
  days prior to filing.

16
Additional Recruitment Steps

• Conduct three of ten acceptable recruitment
  steps for professional positions
• Prepare a list of every resume received from all
  recruitment methods
• Complete checklist for every resume received
• Document that rejected U.S. workers could not
  acquire the required skills, if applicable

17
Labor Certification ApplicationAdvertisement
Content Requirements

• Name of employer
• Resume submission instructions
• Description of vacancy
• Geographic area of employment
• If salary is included, the lower figure of the
  wage range must be 100 of prevailing wage rate

18
Letters of Offer

• Must indicate the position is a permanent
  position and that the contract of the incumbent
  is annually renewed based on departmental
  programmatic needs and fiscal considerations.
• Must include language indicating the offer is
  contingent upon eligibility to work under the
  provisions of all applicable immigration laws and
  regulations.
• Sample statements on web site http//www.ufic.ufl.
  edu/ifssstatusPerm.htm

19
Required Documents

• Form ETA 9098
• Copy of advertisements
• Notice of Job availability
• Copy of the aliens C.V.
• Copy of diploma (highest degree)
• Affirmative Action Report
• Recruitment Report
• Offer of employment letter
• Request for Prevailing Wage
• Prevailing Wage Report

20
Q A

• Please visit UFIC web site for more specific
  information
• http//www.ufic.ufl.edu/ifssstatusPerm.htm
• Thank you for attending!