A First Step Toward U.S. Permanent Resident Status
When a UCSB Department wishes to sponsor an employee for Permanent Residence through
the Employment Based category for “members of the profession's with an advanced
degree”, they must first apply for Labor Certification. Labor Certification is not
permission to work, but rather it is permission granted to an employer or prospective
employer to apply for Permanent Residence for a foreign national employee with certification
from the Department of Labor that:
- for a UCSB tenure or tenure track position- the foreign national was the best
qualified applicant for the position; OR,
- for any other UCSB position - the foreign national was the only applicant who
met the minimum requirements for the position.
Labor Certification Criteria:
The U.S. Department of Labor grants Labor Certification only for long-term and full-time
employment for positions which meet the following criteria -
- The position is a 100% time continuing appointment as either:
the salary for the position must meet or exceed the “prevailing wage” (as determined
by the State Employment Development Department) for the position (if a range is
indicated, the bottom of the range must meet or exceed the EDD “prevailing wage”;
UCSB must demonstrate at least the qualifying level of recruitment:
- a Career Staff position, or
- an Academic position with an extendible title (i.e., a title that does not have a fixed maximum period).
- Note: Student titles are not appropriate as they are limited to the individual’s student status.
the job description must be appropriate for the position title;
the evaluation of recruitment must show applicant’s qualification:
- Two Newspaper
ads - placed in Sunday edition, at least one week apart, indicating the position
description, name of employer, and means for obtaining application information,
and a 30 day posting on the State Workforce Agency Website or - for a University
teaching position - at least one advertisement placed in a national professional
journal with the same information indicated as required in the newspaper ads;
- Two Website ads (i.e., the UCSB department website, and the Academic Personnel website); and
- One ad in a Professional Journal, Job Fair, Newsletter, Listserv notice ,
ethnic newspaper, or through trade or professional organizations;
- for a University teaching position - confirmation that the selectee was the best
qualified of all the available applicants. UCSB’s application for Labor Certification
must be submitted to the Department of Labor within 18 months of the date the person
selected was notified of the selection, or -
- for any other type of position- confirmation that the selectee was the only applicant
who met the minimum requirements for the position. UCSB’s application for Labor
Certification must be submitted to the Department of Labor within 6 months of the
advertising for the position.
NOTE: In the case of a non-teaching position, the Department of Labor may require
a second opening and recruitment for the position:
- This second recruitment will be “witnessed” by the Department of Labor in order
to prove that the individual is still the only available applicant who meets the
minimum position requirements. This is a real University recruitment and it must
go through all the usual University channels as well as meet the minimum qualifying
level of recruitment required to qualify for sponsorship for the green card.
- If a person who has better qualifications for the position applies, the individual
in the position risks losing his/her job to the more qualified applicant.
- If any U.S. National applicant meets the minimum requirements, then this will
defeat the Labor Certification, even if the person we wish to sponsor is the best
Labor Certification Application Procedures:
A UCSB Department/Institute must provide the following documents for the Labor Certification
application. The petitioner for this request is UCSB as represented by the applicant’s
Department Chair/Institute Director:
- Photocopy of the EDD Prevailing Wage form (in draft) by which we will request
the “permanent position” prevailing wage determination and a copy of the UCSB pay
scale page for this person’s particular position title. PLEASE NOTE that OISS will
have to do a "permanent" prevailing wage form even if we have already used this
same type of form for the "H1-B" request.
- For non-teaching positions complete data sheet for State Workforce Agency posting.
(HR or OISS must post to SWA for the department. (get SWA datasheet here).
- Data sheet for the ETA 9089 form. (data sheet here) NOTE: This is to be signed
by the Dept Chair/Inst. Head. ALSO NOTE: Please fill in the
form, with the information as requested rather than referring to attachments.
and... 4 copies each of the following:
Photocopies of UCSB “Summary of Recruitment Activities” (this should be part
of UCSB required documentation for this position search).
Photocopies of all recruitment advertisements (not just the text, but copies
of the actual ads showing the source, publication title and publication date. The
tear sheets of the ads usually have all the required information. If posted on the
web, print a copy from the web and indicate the date posted, and the date taken
down from posting on the bottom margin of the copy of the posting page.
Photocopies of a signed copy of the letter from the Department recommending selection
to the Vice Chancellor (for academic appointment), or Photocopies of the “notice
of selection” which was sent to Human Resources (for staff appointment.
Photocopies of the applicant’s degree as required for the position, with translation
into English, where appropriate. (translation information here)
Photocopies of the applicant’s current Curriculum Vitae.
Statement from the applicant of “true photocopies” of documents. (example here)
- Photocopy of the two posted “Notice of Application for Alien Employment Certification”.
These will have to be posted by your department for the required 10 business days (excluding weekends and holidays) before
we can include the signed copies with this Labor Certification packet. NOTE: This
completed notice must also be posted on the Department website for 30 calendar days. (form for posting)
- Photocopy of the signed memo from the Director of Academic Personnel authorizing
the Dept. Chair/Inst. Director to sign form I-140. Please note that the sponsoring
Department/Institute prepares the memo and obtains the signature. (example memo here)
- Letter (one signed original and 3 photocopies ) to Department of Labor detailing
the recruitment for this position, and giving justification for the resulting selection:
- Optional - Photocopies of position recruitment related letters of recommendation
which have been authorized for release.
When OISS has all the documentation, we will prepare and submit the on-line ETA
9089 to the Department of Labor. The Department of Labor will either grant the request
or require an audit of the documentation packet before they make their decision.
Processing after Labor Certification Approval:
Approval of a Labor Certification request does not give a foreign national permission
to work or to stay inside the U.S. Such approval gives the employer permission to
sponsor the individual for Permanent Resident status. Once the Labor Certification
is approved, the application for Permanent Residence status can be initiated. This
application will consist of:
- The approved Labor Certification documents,
- UCSB’s I-140 petition to sponsor the applicant for Permanent Residence with $580.00
fee to Immigration;
- The selectee (and immediate family member’s) application for the green card (I-485
packet(s)) with Immigration application fees.
The selectee will need to meet with Tanya in the OISS office to obtain assistance
with the green card application, and the I-140 petition.