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· Key Players include the Hiring Department, Foreign National Employee, Talent Acquisition, Legal Counsel, and the External Law Firm of Kempster, Corcoran, Quiceno & Lenz-Calvo (KCQLC).
· This process is required when the University agrees to sponsor a foreign national employee for Legal Permeant Residency (LPR). In certain circumstances, this process may require a Labor Pool Testing, before the LPR application process can move forward.
1. Collect the following documentation and e-mail it to firstname.lastname@example.org.
a. Completed Questionnaire (see Questionnaire section)
b. Position Job Description
c. Employee’s current resume
d. Approval letter from VP/Dean
2. Talent Acquisition will send information to University Legal Counsel for review and approval.
3. If approved, the request is sent to the University’s supported external law firm (KCQLC).
a. KCQLC reviews the request and will engage the unit directly to gather additional information.
1. Is the incumbent currently working in the same job description for which she was hired? If not, please provide a current job description and resume.
2. Has the foreign national been employed with the University for at least 4 years? (per the policy: In addition, the foreign national must be an employee of the University for a minimum of four consecutive years (i.e., completed four consecutive years). HR-Staffing and Recruitment may waive this requirement if the request is endorsed in writing by the responsible Dean, unit Vice President, or their designee.)
3. Does the position require at least a 37.5 hour work week?
4. Does the position require a bachelor’s degree, a higher degree, or equivalent? In the case of equivalent, please explain.
5. Does the position require specialized and complex knowledge in addition to the degree requirement? Please explain.
6. Please explain what makes it difficult to recruit qualified applicants for this position.
7. Please explain how the foreign national is uniquely qualified for this position through experience, skill, and background (Only experience/skills gained prior to joining the University are applicable. Experience/skills gained while in their current position are not applicable.)
8. Does the department understand that there are costs associated with this process and they will be responsible for all the necessary fees required to be paid by the University? Please provide the name of the authorizing party.
9. Does the incumbent understand that s/he will be assuming any additional costs?
Labor Pool Testing is the process in which the University is required to determine if there are other qualified individuals who are currently legally authorized to work permanently in the US. This requires the department to create a job requisition and actively recruit the position to build and analyze an applicant pool. If a qualified candidate is found through this process, the University LPR sponsorship may need to be reconsidered. The department will be supported by the External Law Firm on this process and next steps.
If a Labor Pool Test is required. Go into Workday and complete the below steps. Note: a new position/chair is not required for this process.
1. Find the Employee’s Position and create a new job requisition from that position. Please see the Creating a Job Requisition in Workday Knowledge Base article for more information.
a. When entering the reason for creating a job requisition, select Create Job Requisition > Labor Pool.
b. KCQLC will provide a modified job description that must be used for the posting. In addition, they will provide direction if additional external posting is required.
2. If the applicant pool generates applicants that meet the minimum requirements, conduct a phone screen to the minimally qualified candidates. Reach out to the KCQLC contact for additional guidance on this process.
3. If the Labor Pool Test indicates there are currently no candidates legally authorized to work permanently in the US that are qualified for the position, close the requisition, and follow the next steps provided by KCQLC.