This document outlines the process to initiate University sponsorship for H-1B or Legal Permanent Residency (LPR) for foreign national employees, this includes Labor Pool Testing. Additional guidance is provided specific to testing the labor market as part of the LPR process.
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· Key Players include the Hiring Department, Foreign National Employee, Talent Acquisition, Office of International Affairs (OIA), Legal Counsel, and the External Law Firm of Kempster, Corcoran, Quiceno & Lenz-Calvo (KCQLC).
· The H-1B and LPR processes are independent of one another, and each requires approval before external counsel can begin work. Some H-1B visa sponsorship work is done by OIA. All LPR is prepared and filed by the external law firm.
· This process is required when the University agrees to sponsor a foreign national employee for Legal Permanent Residency (LPR) or for H-1B Visa status. The LPR process may require Labor Pool Testing.
· HR Policies on Sponsorship:
· 212: Sponsorship of Foreign Nationals for H-1B “Specialty Occupation” Visas
· 211: Sponsorship of Foreign Nationals for Permanent Residency
1. Collect the following documentation and e-mail it to talentacquisition@uchicago.edu.
a. Completed Questionnaire (see Questionnaires 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. Academic Unit/Department/Office making request:
2. Is the incumbent currently working in the same job description for which they were hired? If not, please provide a current job description and resume.
3. Has the foreign national been employed with the University for at least 4 years?
a. Per the policy: The foreign national must be an employee of the University for a minimum of four consecutive years (i.e., completed four consecutive years).
i. University Legal Counsel may waive this requirement if the request is endorsed in writing by the responsible Dean, unit Vice President, or their designee.
4. Does the position require at least a 37.5 hour work week?
5. Is the position remote or hybrid? If yes, please explain and provide primary and secondary worksite addresses.
6. Does the position require a bachelor’s degree, a higher degree, or equivalent? In the case of equivalent, please explain.
7. Does the position require specialized and complex knowledge in addition to the degree requirement? Please explain.
8. Please explain what makes it difficult to recruit qualified applicants for this position.
9. 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.)
10. 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.
11. Does the incumbent understand that they will be assuming any additional costs?
1. Is the position full-time and does it require at least thirty-seven and one-half (37.5) hours per week?
2. Is the position remote or hybrid? If yes, please explain and provide primary and secondary worksite addresses.
3. Does the position require a bachelor's or higher degree, or its equivalent in a specialized field of study, and the employee or trainee has the same?
4. Does the position require specialized and complex knowledge that the employee or trainee will apply in the position?
5. Is there sufficient justification that the proposed foreign national is uniquely qualified through education, training and/or experience for the position?
6. Does the position offer the H-1B employee the same benefits package that a U.S. citizen would be offered in the same position?
7. Will the H-1B employee be paid the “prevailing wage” or higher as determined by the Office of International Affairs based on the best available wage sources?
As part of some Legal Permanent Residency (LPR) processes, the department may be required to conduct a Labor Pool Test. Labor Pool Testing is the process by which the University is required to determine if there are other qualified candidates for the position being sponsored who are U.S. citizens or legal permanent residents. 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. It is imperative that hiring departments follow the instructions for this process as provided by the external law firm. Failure to comply can result in delays in the LPR process.
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.