International Employees

Employment Overview

Guidelines for International Employees

1. Policy on Outside Attorneys

Authorization to sign off on official immigration documents related to UConn appointment and employment, including the PERM Form 9089, the USCIS Form I-140 and the USCIS Form I-129, rests exclusively with the Labor Relations Team (Labor Relations) as designated by the Provost. Individual faculty and/or department representatives are not permitted to engage outside attorneys for any University action, nor pay attorneys for services on behalf of the University. Individual faculty and/or department representatives are not authorized to sign nonimmigrant or immigrant petitions, documents or forms based on UConn employment on behalf of the University. Failure to comply with these provisions will result in notification to USCIS and/or DOL that the petition or application was unauthorized and should be withdrawn or revoked.

In addition, the State of Connecticut has selected two law firms to represent the State’s higher education institutions for immigration issues requiring outside immigration legal counsel. Labor Relations will consult with these law firms in cases where a second opinion is warranted and refer work to them as appropriate. Hiring departments must consult with Labor Relations first before seeking any outside immigration attorney’s legal services. Communication with the two immigration law firms representing the State of Connecticut must be initiated through Labor Relations.

2. Signatory Authority

Only specifically designated Labor Relations staff may sign immigration petition-related documents on behalf of the University. Such paperwork signed by another UConn individual will not be honored as the University’s petition/application.

3. Payment of Fees

Federal Processing Fees: Federal law requires UConn (i.e., the hiring department) to pay all fees that the immigration and labor regulations recognize as the employer’s responsibility.

The fees are subject to change and include the following (amounts found in their respective visa information below):

  • Nonimmigrant Visa Fees: (for fees see “H-1B General Information”)
    • H-1B Form I-129 application fee
    • H-1B Anti-fraud fee
    • Any expenses considered to be “business expenses” to prepare and file an H-1B petition (i.e., Labor Relations administrative fee, premium processing fee for cases where the hiring department requires the beneficiary to start as early as possible, etc.)
  • Immigrant Visa Fees (for fees see "LPR Overview")
    • I-140 Immigrant Petition fee:
    • Any expenses considered to be “business expenses” to prepare and file PERM labor certification applications (i.e., advertisement and recruitment expenses, etc.)
    • Outside Counsel fees for the PERM process

Labor Relations Administrative Fees: Labor Relations will set administrative fees annually for processing immigration employment paperwork. These fees will be posted on the Labor Relations website. Administrative fees include overnight express certified mailing expenses, including any response to the government if a Request for Evidence (RFE) is issued, photocopies of paperwork, Immigration Tracker software maintenance, supply costs to maintain public inspection files, etc.

4. Sponsorship of Employees for H-1B Visas

Federal immigration regulations stipulate that UConn may sponsor H-1B visas for individuals in academic and professional positions that meet all federally required H-1B conditions and qualifications. These federal requirements include:

  • The salary offered to the beneficiary must be at or higher than the prevailing wage rate determined via a method compliant with the labor regulations.

If the hiring department cannot afford the prevailing wage, the University may seek an alternative employment visa category (i.e., J-1, O, TN or E3).

Sponsorship of an H-1B petition does not automatically result in sponsorship of a Permanent Residency petition.

5. Extensions of H-1B Visas

As short term extensions of H-1B visas create liabilities for and impose restrictions and hardships on the beneficiary while the petition is pending (such as restrictions on travel outside the U.S.), the recommended minimum extension period for an H-1B visa is 12 months.

All requests for H-1B extensions must be accompanied by an administrative fee, to be paid by the requesting department to Labor Relations.

If a department elects to request an H-1B sponsorship period of less than 12 months and then finds that it must request an additional extension, the administrative fee payable for each requested process that is completed.

6. Schedule for Requesting H-1B Visas and Extensions

Requests for H-1B visas must be submitted to Labor Relations at least four to six (4-6) months prior to the employment start date. H-1B  extensions can be submitted at least two to six (2-6) months prior to the extension start date start date. Premium processing fees may be applicable on a case-by-case basis as needed.

7. Sponsorship of Permanent Residency Petitions

Federal law authorizes UConn to sponsor permanent residency petitions for individuals in full time positions, subject to those petitions’ meeting federal guidelines. The University will sponsor such petitions for permanent, tenure-track faculty positions only.

8. Outstanding Researcher/Professor Classification

EB-1 requests must be submitted to the Provost for review and approval before Labor Relations will process such petitions. Outside counsel fees may be applied.

9. Exceptions to Standard Policies and Procedures

The Provost must approve in writing a department’s request for an exception to standard policies and procedures for employment-related visa and PERM petitions before Labor Relations will process such cases. Outside counsel fees may be applied.

Abbreviations and Acronyms

DOL – United States Department of Labor
EAD – Employment Authorization Document
FN - Foreign National
I-140 – Immigrant petition for alien worker
I-485 – Application to register permanent residence or to adjust status
LPR – Lawful Permanent Residency or Lawful Permanent Resident
ODE – Office of Diversity and Equity at the University of Connecticut
PERM – Application for Permanent Employment Certification, “Program Electronic Review Management”
RFE – Request for Evidence
UConn – University of Connecticut
USCIS – United States Citizenship and Immigration Services

Export Control Compliance

The United States government, through Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), restricts the release of certain technology and technical data to foreign persons. At the University of Connecticut, the Office of Sponsored Programs (OSP) administers any grant or access agreement that might be subject to EAR and/or ITAR - restrictions. Please note that a foreign national cannot have access to any part of EAR and/or ITAR-restricted research projects, technology or technical data unless and until the department and OSP have obtained the required license or other authorization on behalf of the foreign national.

Hiring Department’s Foreign National Deemed Export Compliance Verification (OGC IntlHire 007)

Nonimmigrant Visas (NIV)

NIV Overview

Labor Relations manages nonimmigrant and immigrant employment visa processing on behalf of UConn for our international faculty and staff. We provide advice, information and assistance on matters such as immigration, employment, overseas travel and compliance with immigration laws and regulations. We work closely with UConn’s hiring departments to facilitate the hiring of UConn’s international employees and to assist in determining the visa and employment options that grant the greatest benefit to UConn, the hiring department and our international employees. For international student and exchange visitor information, please see UConn’s Immigration Services.

All employment-based visa sponsorship by UConn must be prepared and reviewed by Labor Relations, including H-1B, TN, O-1 and E-3 nonimmigrant visa sponsorship and permanent resident immigrant visa sponsorship. UConn only pursues permanent resident immigrant visa sponsorship for tenure-track faculty.

For questions or concerns regarding the hiring of an international employee, please contact Alison Cutler or Christene Cooper.

UConn will not employ a foreign national unless he or she can produce documentation of employment authorization sufficient to complete a valid Form I-9.

Foreign nationals are warned NOT to accept unauthorized employment from UConn or any other employer. Unauthorized employment is a violation of federal law and subjects the employer as well as the foreign national worker to criminal and civil penalties. Unauthorized employment will cause the foreign national to fall out of lawful immigration status and potentially bar an extension of status or change to another nonimmigrant status, prevent an adjustment of status to that of lawful permanent resident, or significantly impede other future immigration benefits.

Hiring departments are encouraged to contact Labor Relations in the event that they have questions concerning the documentation produced by an employee when completing a Form I-9 or the general employment eligibility of an international worker. While Labor Relations does not complete Forms I-9 on behalf of UConn, we can provide guidance on employment eligibility and documentation to assist in accurate completion of the Forms I-9 by the hiring department.

Labor Relations will set administrative fees annually for processing immigration employment paperwork. Fees are posted on the applicable visa pages on the Labor Relations website. Administrative fees include overnight express certified mailing expenses, photocopies of paperwork, immigration software maintenance, supply costs to maintain public inspection files, etc.

Hiring departments and international employees seeking visa sponsorship or extensions are required to adhere to the posted deadlines for their visa type.

Policy on Outside Attorneys

The Provost has designated Labor Relations as the exclusive signatory authority to sign off on official immigration documents related to UConn appointment and employment, including the PERM Form 9089, the USCIS Form I-140 and the USCIS Form I-129. Individual faculty and/or department representatives should not engage outside attorneys for any University action, nor pay attorneys for services on behalf of the University, nor sign off on immigration documentation related to UConn sponsorship. Failure to comply with these provisions will result in notification to USCIS and/or DOL that the petition or application was unauthorized and should be withdrawn or revoked.

In addition, the State of Connecticut has selected two law firms to represent the State’s higher education institutions for immigration issues requiring outside immigration legal counsel. Labor Relations will consult with these law firms in cases where a second opinion is warranted and refer work to them as appropriate. Hiring departments must consult with Labor Relations first before seeking any outside immigration attorney’s legal services relating to UConn employment. Communication with the two immigration law firms representing the State of Connecticut must be initiated through Labor Relations.

Change of Address Notification

Remember that all non-U.S. citizens must file an AR-11 Change of Address notification with USCIS within 10 days of changing their personal address or residence. The AR-11 Change of Address form may be completed on-line at uscis. To access the AR-11 Change of Address form online, click on “Tools” under the heading “Self Service Tools" go to "Change of Address."

For New Green Card Holders

Foreign nationals working at UConn are requested to revalidate their Form I-9 with their hiring department and Payroll Services upon receipt of a Form I-551 Permanent Resident Card, commonly referred to as a “green card.”

Abbreviations and Acronyms

DOL – United States Department of Labor
EAD – Employment Authorization Document
FN - Foreign National
I-140 – Immigrant petition for alien worker
I-485 – Application to register permanent residence or to adjust status
LPR – Lawful Permanent Residency or Lawful Permanent Resident
ODE – Office of Diversity and Equity at the University of Connecticut
PERM – Application for Permanent Employment Certification, “Program Electronic Review Management”
RFE – Request for Evidence
UConn – University of Connecticut
USCIS – United States Citizenship and Immigration Services

H-1B

H-1B General Information

The information on this page has been prepared for the use of the University of Connecticut (UConn), international employees and their hiring departments, and is for general information only. It does NOT constitute legal advice. Please contact UConn’s Labor Relations team (Labor Relations) for appropriate advice and guidance regarding your specific international employment situation, as each prospective employee’s circumstances are unique. Any advice or course of action must be tailored to the individual employee’s circumstances and the University department’s needs. Also note that immigration laws may have changed since this information was compiled. Therefore it is in your best interest to obtain the most updated information from HR Labor Relations to make an appropriate decision for your case.

Description of H-1B

The H-1B is a nonimmigrant classification used by a foreign national who will be employed temporarily in a specialty occupation. A specialty occupation is one that requires a specialized body of knowledge and usually requires at least a bachelor’s degree to enter the profession. The employer is responsible for petitioning the United States Citizenship and Immigration Service (USCIS) to obtain permission to hire a particular foreign employee for a particular position. An employee cannot obtain H-1B status on his or her own.

The H-1B status is employer-specific and job-specific. This means that a new H-1B petition must be filed before an employee can move from one employer to another (e.g. a similar position in a different department), or change from one job to another (e.g. different position within the same department or in a different department) while working for UConn. Any changes in the position title, duties, or salary may also require a new H-1B petition. The H-1B duration is a maximum of 6 years (granted in increments of up to 3 years per petition.)

Qualifying Criteria for H-1B

Any petition for H-1B status must meet minimum criteria:

  1. The position must require theoretical and practical application of a body of highly specialized knowledge, and require a minimum of a Bachelor’s degree in the specific specialty as a minimum for entry into the occupation in the United
  2. The prospective employee must have received the required degree in an appropriate field of study before the petition is submitted. The employee must have a diploma or other certification from the institution that all degree requirements have been met.
  3. The wage for the position must meet the requirements of the USCIS and US. Department of Labor (DOL) regulations. Labor Relations will facilitate this process, but should not be viewed as setting the wage.

Application Process

The government agency process for obtaining an H-1B for an employment position has three phases:

  1. The DOL must issue a prevailing wage determination (required for most postdoctoral positions).
  2. The DOL must review a Labor Condition Application (LCA) to determine that the wage requirement is satisfied. HR Labor Relations submits the LCA to the Department of Labor for approval.
  3. UConn’s Labor Relations submits the H-1B petition and approved LCA to USCIS reviews the H-1B petition and the approved LCA and determines whether to grant H-1B status.

USCIS sends the approved H-1B petition directly to UConn’s Labor Relations. HR Labor Relations will notify the department contact person. The department is responsible for keeping copies of the approved petition and accompanying documents as part of the employee’s records.

Summary of H-1B Fees

Amount Description Charged by Paid by
$150 H-1B Administrative Fee* UConn’s Labor Relations Must be paid by hiring department
$460 H-1B Petition Fee U.S. Citizenship and Immigration Services (USCIS) Must be paid by hiring department
$500 H-1B Fraud Prevention and Detection Fee for initial H-1B petitions to UConn only U.S. Citizenship and Immigration Services (USCIS) Must be paid by department
$2805 Premium Processing Fee (Optional)** U.S. Citizenship and Immigration Services (USCIS) Paid by either department or employee

* H-1B Administrative Fee is imposed for every H-1B request made to Labor Relations, including multiple requests for one petition and upgrades from standard processing to Premium Processing.

** The hiring department must pay the $2805 Premium Processing fee to guarantee an answer within 15 business days when Premium Processing is required to meet UConn’s hiring needs or employment timeline. If H-1B approval is not required to meet UConn employment needs and is only requested for the beneficiary’s convenience, then the beneficiary may be asked to pay the Premium Processing fee.

Processing Time

The entire process - from the request submission to Labor Relations to the H-1B approval by USCIS - ordinarily takes 6 to 7 months in two phases:

  1. UConn’s Labor Relations Processing – up to 2 months, including working with the DOL to obtain the prevailing wage determination (for postdoctoral positions) and LCA (for all positions).
  2. USCIS Adjudication – 4-5

Please note that Labor Relations starts processing complete requests containing ALL necessary materials and information attached. Incomplete H-1B request packets will result in longer processing times. Inconsistent processing times in U.S. government agencies, requests for additional information issued by DOL and USCIS, or unexpected problems arising during the process will also lengthen the time needed for H-1B approval.

In addition, if the international employee is abroad and needs to apply for an H-1B visa at the local U.S. Consulate to enter the U.S. upon approval of the H-1B petition, additional time of up to 3 months must be considered before they may start employment at UConn. For these reasons, Labor Relations always recommends that the hiring department begin the H-1B process as soon as possible.

If employee is... With Standard Processing
All required materials should be received by Labor Relations no later than...		 With $2805 Premium Processing Fee*
All required materials should be received by Labor Relations no later than...		 Comments
Outside the U.S. 8 months before the employee will begin work 4 months before the employee will begin work Total time will depend on the time needed to obtain a visa at the U.S. Consulate. (Varies according to Consulate and country of employee’s citizenship)
In the U.S. in a different immigration status (such as J-1 or F-1 with Practical Training) 5 months before the employee will begin work or before the current work permission ends 3 months before the employee will begin work or before the current work permission ends If employee plans to travel outside the

U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss.
In the U.S. in H-1B status and currently employed by another employer 3 months before leaving current (non- UConn) employment Not usually necessary or recommended If employee plans to travel outside the

U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss. Employee must remain employed by original employer until UConn's petition is submitted to USCIS and Labor Relations receives a USCIS receipt notice.
Already employed at UConn in H-1B status 3 months before the end of the current H- 1B approval or I-94 Not usually necessary or recommended If employee plans to travel outside the

U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss.

* Premium processing can be requested either before or after the petition has been filed with USCIS.

Termination Notification

If H-1B employment is terminated for any reasons before the H-1B petition end date, the hiring department MUST notify Labor Relations of the termination. The employer is obligated to report the termination to USCIS and DOL. Failure to do so results in an obligation to continue paying the terminated employee.

Starting H-1B at UConn

H-1B status at UConn is initiated by the hiring department via the UConn Scholar/Employee Portal. If your department does not have to access the Portal please contact Christene Cooper or Alison Cutler.

Once a request has been submitted by the Department and accepted by Labor Relations, the H-1B Employee Beneficiary will receive an automatic email notification to log in, create an account, complete the online questionnaire, and upload required documents found on the Beneficiary Intake & Checklist (LR 424 & 425).

Department's must complete the H-1B Petition Packet which can be found under H-1B Forms and Information (H-1B Packet) and upload it to the UConn Scholar/Employee Portal at a minimum of 4 months, and up to 7 months, prior to the anticipated start of H-1B employment.

Please note processing time depends on the timely receipt of ALL necessary materials and information uploaded and/or delivered to Labor Relations. Labor Relations starts processing an H-1B request once submitted, incomplete H-1B request packets will result in longer processing times.

H-1B Petitions Filed and Approved

  • If you have Changed Status from another nonimmigrant status (F-1, J-1, F-2, J-2) to H-1B status, the H-1B petition must be APPROVED before you can start working at UConn as an H-1B.
    • If you are currently working at UConn in another status (J-1 or F-1 OPT), that status must continue until your H-1B approval or petition start date.
  • If you are currently in H-1B status for another employer and switching to UConn employment, the H-1B petition need only be FILED before you can start working at UConn on the H-1B.
    • See "240-Day Rule"

The process for obtaining an H-1B for an employment position has three phases:

  1. The U.S. Department of Labor must issue a Prevailing Wage Determination (required for many postdoctoral positions).
  2. The U.S. Department of Labor must certify a Labor Condition Application (LCA) to determine that the prevailing wage requirement is satisfied. Labor Relations submits the LCA to the Department of Labor for approval.
  3. Labor Relations then submits the I-129 Petition for H-1B Nonimmigrant Visa Classification and approved LCA to USCIS. USCIS reviews the H-1B petition and the approved LCA, and determines whether to grant H-1B status.

The entire process - from the request submission to Labor Relations to the H-1B approval by USCIS - ordinarily takes 4 to 6 months in two phases:

  1. Labor Relations Processing – 2 months, including working with the U.S. Department of Labor for the Prevailing Wage Determination and LCA.
  2. USCIS Adjudication – 3-4 months

*Premium Processing: For an additional $2805 filing fee, USCIS will process an I-129 Petition for H-1B Nonimmigrant Visa Classification within 15 business days, issuing an approval, denial or request for additional evidence. Premium Processing does not expedite the processing time of the Prevailing Wage Determination or LCA. There is no way to expedite the processing times for the U.S. Department of Labor portions of an H-1B petition.

*Premium processing can be requested either before or after the petition has been filed with USCIS.

If the employee is… With Standard Processing With $2805 Premium Processing Fee* Comments
Outside the U.S. 8 months before the employee will begin work 5 months before the employee will begin work Total time will depend on the time needed to obtain a visa at the U.S. Consulate. (Varies according to Consulate and country of employee's citizenship)
In the U.S. in a different immigration status (such as J-1 or F-1 with Practical Training) 5 months before the employee will begin work or before the current work permission ends 3 months before the employee will begin work or before current work permission ends If employee plans to travel outside the U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss.
In the U.S. in H-1B Status and currently employed by another employer 3 months before leaving current (non-UConn) employment Not usually necessary or recommended If employee plans to travel outside the U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss. Employee must remain employed by original employer until UConn's petition is mailed to USCIS.
Already employed at UConn in H-1B status 3 months before the end of the current H-1B approval or I-94 Not usually necessary or recommended If employee plans to travel outside the U.S. before getting final approval of the H-1B petition, more time may be needed. Contact Labor Relations immediately to discuss.

Inconsistent processing times in U.S. government agencies, requests for more information issued by DOL and USCIS, or unexpected problems arising during the process will also lengthen the time needed.

In addition, if the international employee is abroad and he/she needs to apply for an H-1B visa to enter the U.S. upon the approval of the H-1B petition, additional time to obtain an H-1B visa stamp from a U.S. consulate must be considered before he/she starts his/her employment at UConn. For these reasons, Labor Relations always recommends that the hiring department begin the H-1B process as soon as possible.

USCIS sends the I-797 H-1B Approval Notice directly to Labor Relations. Labor Relations will notify the department contact person upon notice of petition approval. The department is responsible for keeping copies of the H-1B approval notice and completing a Form I-9 for employment authorization with the H-1B beneficiary.

H-1B nonimmigrants are given an I-94 Arrival/Departure Record upon entry into the U.S. or attached to their H-1B Approval Notice if H-1B status was obtained through a change or extension of status in the U.S. These I-94 Arrival/Departure Records should be marked "H-1B" and list an expiration date (as opposed to the D/S usually marked on F-1 and J-1 records). Note that the expiration date on the I-94 Arrival/Departure Record designates the expiration of lawful status in the U.S. H-1B nonimmigrants must take steps to extend or change their status to remain in the U.S. beyond the date on the most recently-issued I-94 Arrival/Departure Record.

Length of the H-1B Petition at UConn

While H-1B status is available in 3-year increments for up to 6 years in total, the sponsoring academic department must confirm that it has sufficient funding for the duration of the position.

The length of each petition is based on available funds for a beneficiary as confirmed by the hiring department.
Hiring departments, not the H-1B validity period, determine the length of H-1B employment at UConn.

Fees

Hiring Departments are responsible for:

  • $460 I-129 filing fee;
  • $500 Fraud Prevention and Detection fee for new H-1B employment with UConn (not required for extensions of current UConn-sponsored H-1B employment);
  • $2805 I-907 Premium Processing fee, when required to secure employment; and
  • $150 Labor Relations Administrative Processing fee

H-1B beneficiary is responsible for:

  • Consular fees for visa issuance;
  • I-539 filing fee; and
  • The hiring department must pay the $2805 Premium Processing fee to guarantee an answer within 15 business days when Premium Processing is required to meet UConn’s hiring needs or employment timeline. If H-1B approval is not required to meet UConn employment needs and is only requested for the beneficiary’s convenience, then the beneficiary may be asked to pay the Premium Processing fee.

The 240-Day Rule

As long as the employer has filed an H-1B Extension Petition before expiration of the current H-1B (same employer or different employer), the beneficiary remains in a period of authorized stay and may continue to work for the petitioning employer for 240 days after the end date of the current petition while USCIS adjudicates the extension.

H-4 Dependents likewise continue in valid status for 240 days if the I-539 Extension is filed before expiration of current H-4.

But, restrictions apply on the ability to travel and reenter the U.S.

Maintaining H-1B Status

The following rules govern your H-1B status at UConn:

  1. You must always be engaged only in your original contract obligations in the current H-1B petition by your UConn hiring department unless you have a separate approval notice (I-797) authorizing concurrent employment elsewhere (including another UConn department and/or another UConn campus).
  2. Work with your hiring department to submit your H-1B extension materials to our office (Labor Relations) at a minimum of 4 months, and up to 7 months, prior to the expiration date of your current H-1B.
  3. You must report any changes in employment to Labor Relations BEFORE they occur and get instructions to amend your original H-1B petition.
    This includes:
    1. Additional responsibilities/inclusion of teaching from a strictly research position
    2. Change in department/area of work or research
    3. Change in location (regional campuses, off-campus placement)
    4. Change of hours – full to part time; reduced/increased hours
    5. Possibly job title changes
  4. Provide Labor Relations with a copy of your I-94 card (I-94 Arrival/Departure Record) every time you return from a trip abroad. If the end date on your I-94 card is different than the end date of your H-1B approval notice, notify Labor Relations immediately. Know your I-94 expiration date and be sure it is always a date in the future.
  5. You must report your physical residence address change to USCIS within 10 days of a move by filing Form AR-11 online at www.uscis.gov.
    * this is different from F or J status!
  6. You must report to the Office of the General Counsel your permanent departure from UConn as an H-1B beneficiary.
    *Labor Relations must report the end of your H-1B status to USCIS.
  7. You must report to the Office of the General Counsel when you change your status from H-1B to another visa category or adjust your status to that of a permanent resident.
    *Labor Relations must report the end of your H-1B status to USCIS.
  8. You must NOT be engaged in any unauthorized employment or receive any unauthorized payment while being in H-1B status.
    *This includes honorarium payments.
  9. Study while in H-1B status must be incidental to the primary purpose of your stay in the U.S., that being your H-1B-sponsored employment. You may take personal enrichment classes, but you cannot be a full time student seeking a degree in H-1B status.
    H-4 Dependent Study -Your spouse and children in H-4 dependent status may take classes either full time or part time, but they cannot work under ANY circumstances.
  10. No criminal behavior or possession of drugs.
  11. Understand the possibility of a random USCIS site visit to verify your employment:
    USCIS has the right to visit UConn and “check up” on your employment to verify that:
    1. UConn’s signatory (Labor Relations staff) knows that he/she has petitioned for an H-1B and can explain the purpose of your H-1B employment with UConn.
    2. The H-1B beneficiary (you) is working at the same location, in the same job, and receiving the sponsored wage, as certified in the H-1B petition.
      Answer any questions asked by the government official truthfully.
  12. The H-1B does not have a grace period after the termination of status, unlike the grace period for an F or J status. Your H-1B status expires on your:
    1. employment completion date (the end date of the H-1B petition for your current position);
    2. employment termination date (the date determined by your hiring department to terminate your employment); or
    3. your resignation date

You must have an H-1B petition filed by another employer or a change of status application to another visa category filed BEFORE any of the end dates indicated above (1-3), in order to maintain your lawful status in the U.S.

Travel on H-1B

When traveling on the H-1B visa, you will require the following documentation to reenter the U.S.: Toy Airplane in Blue Light

  1. Valid passport with at least 6 months of validity at the time of admission to the U.S.
  2. Valid H-1B visa stamp in your passport, obtained from a U.S. Consulate abroad.
  3. Original H-1B approval notice (I-797) from UConn.
  4. Current letter from your hiring department verifying continued employment.
    1. Should be less than 6 months old.
    2. Your H-1B petition supporting letter will suffice if less than 6 months old.
    3. Or, obtain an employment verification letter from your department.
  5. Copy of the H-1B petition materials given to you by Labor Relations (LCA, I-129 and supporting letter).
  6. Several recent paystubs as evidence of continued employment with UConn (not necessary for initial employment with UConn).
  7. For H-4 dependents, proof of the relationship to H-1B principle beneficiary (marriage certificate; birth certificate).

Continued validity of H visas after employer change

If you have changed employers since first entering the U.S. in H-1B status and have a valid, unexpired H-1B visa annotated for the previous employer, you may reenter the U.S. using that visa, presenting the valid UConn H-1B approval notice and the UConn H-1B petition materials upon reentry to the U.S.

Travel Abroad Exception with an Expired H-1B visa stamp

An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).

In such circumstances, you must NOT surrender your current I-94 upon departure from the U.S.

We recommended that you make an advisory appointment with Immigration Services before trying this – current practices may change.

H-1B Forms and Information

H-1B Packet – UConn Admin Log-in
(NetID Required)
UConn International Scholar & Employee Portal

 

**UCONN Hiring Departments - You will need to register your NetID with Labor Relations to get access to the H-1B packet. Beneficiaries will not need a NetID to access their portion of the packet. To register with Labor Relations please contact christene.cooper@uconn.edu.

H-1B status at UConn is initiated by the hiring department via the UConn Scholar/Employee Portal (Portal Access Form). Once a sponsorship request has been submitted by the Department and accepted by the Labor Relations, the H-1B Employee Beneficiary will receive an automatic email notification to log in, create an account, complete the online questionnaire, and upload required documents found on the Beneficiary Intake & Item Checklist (Labor Relations 424 & 425).

The Department must complete the H-1B Petition Packet and upload it to the UConn Scholar/Employee Portal at a minimum of 4 months, and up to 7 months, prior to the anticipated start of H-1B employment. For an overview of using the UConn Scholar/Employee Portal go to the Portal Guide for UConn Admins, which is only accessible to those who have registered their NeIDs with the Labor Relations (please periodically check-in on this document for updates).

Please note processing time depends on the timely receipt of ALL necessary materials and information uploaded and/or delivered to Labor Relations. Labor Relations starts processing an H-1B request once submitted, incomplete H-1B request packets will result in longer processing times.

The information on these pages has been prepared for the use of the University of Connecticut (UConn), its international employees and their hiring departments and is for general information only. It does NOT constitute legal advice. Please contact the Office of the General Counsel for appropriate advice and guidance regarding your specific international employment situation. Each prospective employee’s circumstances are unique. Any advice or course of action must be tailored to the individual employee’s circumstances and the University department’s needs. Also note that immigration laws may have changed since this information was compiled. Therefore it is in your best interest to obtain the most updated information from Labor Relations to make an appropriate decision for your case.

The H-1B is a nonimmigrant classification used by a foreign national who will be employed temporarily as a professional in a specialty occupation. A specialty occupation is one that requires a specialized body of knowledge and usually requires at least a bachelor’s degree to enter the profession. The employer is responsible for petitioning the United States Citizenship and Immigration Services (USCIS) to obtain permission to hire a particular foreign employee for a particular position. An employee cannot obtain H-1B status on his or her own.

Any petition for H-1B status must meet minimum criteria:

  1. The salary offered to the beneficiary must be at or higher than the prevailing wage rate determined via a method compliant with the DOL regulations.
  2. The beneficiary will work in a position that requires, at a minimum, a bachelor’s degree or equivalent in a specific field of study in which to successfully perform the job duties of the position.
  3. The beneficiary must hold the required bachelor’s degree or higher degree of education in a field of study relevant to the position.

The H-1B status is employer-specific and job-specific. This means that a new H-1B petition must be filed before an employee can move from one employer to another (including a similar position with a different hiring department) or change from one job to another (e.g. different position within the same department or in a different department) while working for UConn. Changes in the position title, duties, or salary may also require a new H-1B petition. An amendment must be filed before the change in employment occurs. An H-1B nonimmigrant may work for more than one employer, but only if each employer files a separate H-1B petition covering the sponsored employment.

H-1B duration is a maximum of 6 years (granted in increments of up to 3 years). A foreign national may begin another six-year period as an H-1B nonimmigrant professional after the individual has spent at least one year outside the United States. Limited exceptions allowing H-1B extension beyond the 6-year maximum are also possible if the foreign national has reached certain benchmarks in an employment-based immigrant petition or permanent residency process.

H-1B nonimmigrants are given an I-94 Arrival/Departure Record upon entry into the U.S. or attached to their H-1B Approval Notice if H-1B status was obtained through a change or extension of status in the U.S. These I-94 Arrival/Departure Records should be marked "H-1B" and list an expiration date (as opposed to the D/S usually marked on F-1 and J-1 records). Note that the expiration date on the I-94 Arrival/Departure Record designates the expiration of lawful status in the U.S. H-1B nonimmigrants must take steps to extend or change their status to remain in the U.S. beyond the date on the most recently-issued I-94 Arrival/Departure Record.

If H-1B employment is terminated for any reason before the H-1B petition end date, the hiring department MUST notify Labor Relations of the termination. UConn is obligated to report the termination to USCIS and DOL. Failure to do so results in an obligation to continue to pay the terminated employee.

TN Status

TN Nonimmigrant Classification is a professional nonimmigrant status created by the NAFTA North American Free Trade Agreement available to citizens of Canada and Mexico. The sponsored employment must fall under one of the professional positions designated for TN status. Permanent residents of Canada are not able to apply to work as a NAFTA professional. TN status is granted generally in one-year increments at the border or in three-year increments when an extension of status is sought while in the U.S. TN status can be renewed indefinitely so long as the TN professional can continue to show nonimmigrant intent through ties to his or her home country.

Canadians citizens apply for TN status directly at the border into the U.S. or at a Canadian airport before coming to the U.S. Canadian citizens do not require a TN visa stamp to enter the U.S. from Canada, but a visa stamp can be requested to facilitate travel and reentry from other countries. Applicants for TN status must demonstrate a job offer from a U.S. employer.

Mexican citizens apply for TN status at a U.S. consulate and must obtain a TN visa stamp in their passport to enter the U.S. as TN professionals.

UConn hiring departments will provide the TN beneficiary employee with the following documents to support a request for TN classification:

  1. Offer letter for employment with UConn
  2. Supporting letter requesting TN status (drafted with the assistance of OGC)

Beneficiary must also provide:

  1. Valid passport with at least 6 months’ validity at the time of entry into the U.S.
  2. Copy of diploma and transcripts as evidence of attainment of professional degree
  3. Curriculum Vitae
  4. If currently employed by UConn and continuing TN status, copies of recent pay stubs for the past two months
  5. Visa application fee (check U.S. Department of State website for current fees)
  6. For TD dependents, proof of the relationship to TN principle beneficiary (marriage certificate; birth certificate)

Dependents

Dependent spouse and children of a TN nonimmigrant are granted TD status. Your spouse and children in TD dependent status may take classes either full time or part time, but they cannot work under ANY circumstances.

E-3 Status

E-3 Nonimmigrant Classification is a professional nonimmigrant status available to citizens of Australia coming temporarily to the United States to work in a specialty occupation.

Application for E-3 status is made directly at a U.S. consulate in Australia, but the U.S. employer must first obtain a certified Labor Condition Application from the U.S. Department of Labor as evidence that the employment will meet the prevailing wage for the occupation in the geographical region of employment in the U.S. Applicants for must demonstrate a job offer from a U.S. employer. E-3 status is granted in 2-year increments and may be renewed indefinitely.

UConn hiring departments will provide the E-3 beneficiary employee with the following documents to support a request for E-3 classification at a U.S. consulate abroad:

  1. Offer letter for employment with UConn
  2. Supporting letter requesting E-3 status (drafted with the assistance of OGC)
  3. Labor Condition Application certified by the U.S. Department of Labor (obtained by OGC)

Beneficiary must also provide:

  1. Valid passport with at least 6 months’ validity at the time of entry into the U.S.
  2. Copy of diploma and transcripts as evidence of attainment of professional degree
  3. Curriculum Vitae
  4. If currently employed by UConn and continuing E-3 status, copies of recent pay stubs for the past two months
  5. Visa application fee (check U.S. Department of State website for current fees)
  6. For E-3 dependents, proof of the relationship to E-3 principle beneficiary (marriage certificate; birth certificate)

Dependents

Dependents of an E-3 employee beneficiary are also granted E-3 nonimmigrant status. E-3 spouses are entitled to work in the U.S. An E-3 dependent spouse must first apply for an Employment Authorization Document by filing a Form I-765 with USCIS upon admission to the U.S. The E-3 dependent spouse may not commence employment in the U.S. until receipt of the Employment Authorization Document.

E-3 dependent spouse and children may study on either a full time or part time basis.

Any changes in the position title, duties, or salary may also require a new E-3 petition. An amendment must be filed before the change in employment occurs.

O-1 Status

The O-1 Nonimmigrant Classification is designated for individuals of extraordinary ability in the sciences, education, business, arts or athletics and individuals of extraordinary achievement in the motion picture and television industries. The United States Citizenship & Immigration Services (USCIS) determines whether an individual qualifies for O-1 visa status. O-1 visas are initially valid for up to 3 years and may be extended in one-year increments, renewable indefinitely.

O-1 Nonimmigrant Petitions are extremely complex and require a substantial amount of supporting documentation to evidence that the beneficiary qualifies as “extraordinary” in his or her field of endeavor. To qualify as an individual of extraordinary ability, a foreign national must show evidence of receipt of a major internationally recognized award, such as the Nobel Prize, or at least three of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
  • Membership in associations in the field which require outstanding achievements of their members, as judged by recognized experts in the field.
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
  • Published material in professional or major trade publications or major media about the applicant’s work.
  • Evidence of participation, on a panel or individually, as the judge of the work of others in the field.
  • Evidence of original scientific, scholarly or business-related contributions of major significance to the field.
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
  • Evidence of commanding a high salary or other remuneration for services. This category does not usually apply to academic positions.

In addition to evidence supporting at least three of the factors above, the University of Connecticut requires O-1 beneficiaries to provide at least 6 letters from prominent colleagues in the field who can confirm the beneficiary’s original scientific or scholarly contributions, publications, research and achievements of major significance to the field (letters should be from colleagues outside of the University of Connecticut).

At UConn, prospective employees requesting sponsorship as an O-1 nonimmigrant must first receive approval from their department and school/college dean that they meet UConn’s consideration of “outstanding” to be put forth for O-1 sponsorship. Please note that UConn’s decision to petition for O-1 sponsorship on behalf of a foreign national employee does not guarantee that the foreign national will be deemed “outstanding” or the O-1 petition approved by USCIS. O-1 sponsorship is not a guarantee that a foreign national faculty member will be awarded tenure. For information on the departmental approval process, please contact Lesley Salafia, Office of the General Counsel, at Lesley.salafia@uconn.edu or (860) 486-5796.

The O-1 visa is employer specific, which means that an O-1 petition sponsored by UConn only authorizes the individual to work at UConn in the position specified in the petition. An individual who has an O-1 approval from another employer is not eligible to work at UConn until UConn obtains approval of its own O-1 petition for the beneficiary. An O-1 nonimmigrant may work for more than one employer, but only if each employer obtains separate O-1 petition approval.

Dependents

Dependent spouse and children of an O-1 nonimmigrant are granted O-3 status. Spouse and children in O-3 dependent status may study either full time or part time, but they cannot work under ANY circumstances.

B-1 and B-2 Visitor Status

The B-1 business visitor nonimmigrant classification is for a visitor coming temporarily to the United States generally for short term business purposes. The B-2 visitor for pleasure nonimmigrant classification is generally for a visitor coming to the United States as a tourist.

Visitors may use the B-1 visa for brief stays, usually less than six months, to participate in scientific, educational, professional or business conventions, conferences, or seminars; or to undertake independent research. The B visa is not appropriate for students or long-term scholars coming to the University of Connecticut. B-1/B-2 visitors cannot engage in employment of any kind in the United States.

A citizen or eligible national of a Visa Waiver Program country is permitted to visit the United States for up to 90 days without a B-1/B-2 visa under the Visa Waiver Program (for a list of eligible countries visit the ESTA site). Visitors entering for business purposes are admitted in “WB” (Visa Waiver for Business) status, and visitors entering for pleasure are admitted in “WT” (Visa Waiver for Tourism) status. Individuals visiting the United States under the Visa Waiver Program will need pre-clearance authorization the ESTA (visa waiver) program (“Electronic System for Travel Authorization”) prior to traveling. Visitors must present evidence of ESTA approval at the port of entry to the United States and are expected to print out conformation of approval when completing the ESTA application.

B-1/B-2 and WB/WT visitors are allowed to receive reimbursements and honorarium payments in certain circumstances if specific conditions are met. Information on reimbursements and honorarium payments to foreign nationals at UConn.

Immigrant Visas

LPR Overview

Most foreign nationals who come to the United States to study or work are only allowed to stay in the United States for a temporary period of time. Many choose to seek lawful permanent residency (LPR), commonly referred to as a “green card,” which allows a foreign national to live and work permanently in the United States. A tenure-track faculty member at the University of Connecticut (UConn) must receive LPR status before the University will award tenure, making the LPR process a crucial requirement for our foreign-born faculty. Labor Relations (LR) at UConn handles all UConn-sponsored visa filings for foreign nationals at the University, including UConn’s sponsorship of the LPR process.

There are several ways for a foreign national to gain permanent residency in the U.S., including sponsorship by a U.S. citizen or LPR family member, winning the “diversity visa” lottery, receiving asylum, through an approved Extraordinary Ability or National Interest Waiver self-petition, or sponsorship by an employer in need of the foreign national’s particular skills. UConn commonly petitions for LPR status on behalf of its tenure-track faculty, with UConn as the sponsoring “employer,” and the foreign national employee as the “beneficiary” of the petition.

An overview of the general steps required to obtain a green card through UConn sponsorship follows. Currently, UConn only pursues lawful permanent residency for tenure-track faculty. Labor Relations will work closely with the hiring department and the beneficiary to manage the LPR process and can explain each of these steps in greater detail.

OVERVIEW

The path to permanent residency by employer sponsorship is generally a three-step filing process involving two different U.S. agencies: the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS). The three steps are:

  1. PERM Form 9089 filed by UConn with the DOL
  2. Form I-140 Immigrant Petition for Alien Worker filed by UConn with USCIS
  3. Form I-485 Adjustment of Status filed by the beneficiary with USCIS

Hiring departments and beneficiaries should keep in mind that the LPR process is position-specific, meaning that the University files the PERM Form 9089 and the I-140 for a specific position, not simply for a specific beneficiary. To obtain a green card through employer sponsorship, the beneficiary must show that he or she will hold the sponsored position at the time that the I-485 is approved, which in some cases may be six or more years down the road. In reality, however, with most cases the position in which the beneficiary is currently employed at UConn will be the position that serves as the basis of the LPR petition process. Both parties need to remember that this potentially involves a long-term employment commitment, which is not inconsistent with the idea of tenure at the University, but which in practice can limit the University’s and the beneficiary’s future employment options. The beneficiary can switch to a different job while waiting for a visa number to become current in his or her preference category (assuming nonimmigrant employment visa coverage), but he or she would need to hold the petitioned-for position upon adjudication of the I-485. While standard promotions within the same job classification are allowed over the time period of the LPR process so long as the basic job duties remain the same, the beneficiary may not be able to change job classifications or significant job duties without invalidating the PERM and I-140.

Next Steps

Once the hiring department is ready to begin the LPR process on behalf of the beneficiary, contact Christene Cooper (christene.cooper@uconn.edu or (860) 486-3699) to discuss details.

Policy On Outside Attorneys

The Provost has designated the Labor Relations as the exclusive signatory authority to sign off on official immigration documents related to UConn appointment and employment, including the PERM Form 9089, the USCIS Form I-140 and the USCIS Form I-129. Individual faculty and/or department representatives should not engage outside attorneys for any University action, nor pay attorneys for services on behalf of the University, nor sign off on immigration documentation related to UConn sponsorship. Failure to comply with these provisions will result in notification to USCIS and/or DOL that the petition or application was unauthorized and should be withdrawn or revoked.

In addition, the State of Connecticut has selected two law firms to represent the State’s higher education institutions for immigration issues requiring outside immigration legal counsel. Labor Relations will consult with these law firms in cases where a second opinion is warranted and refer work to them as appropriate. Hiring departments and beneficiaries should consult with Labor Relations first before seeking any outside immigration attorney’s legal services relating to UConn employment. Communication with the two immigration law firms representing the State of Connecticut must be initiated through Labor Relations.

Forms and Filing Fees

Form Filed By Filed With Filing Fee Paid By
Labor Relations 621 LPR Process Administration Fees  UConn Hiring Department Labor Relations $150  Hiring Department
PERM Form 9089 UConn DOL None N/A
Form I-140 UConn USCIS $715 Hiring Department
Form I-485-Primary Beneficiary Beneficiary USCIS $1,440 Beneficiary
Form I-485-Derivative Spouse of Primary Beneficiary (or child age 14 or above) Beneficiary USCIS $1,440 Beneficiary
Form I-485-Derivative Child of Primary Beneficiary (under age 14) Beneficiary USCIS $950 Beneficiary

Abbreviations

DOL – United States Department of Labor
LPR – Legal Permanent Residency or Legal Permanent Resident
ODE – Office of Diversity and Equity at the University of Connecticut
PERM – Application for Permanent Employment Certification
UConn – University of Connecticut

PERM Process

Step 1: PERM Form 9089

The PERM Form 9089 Application for Permanent Employment Certification is essentially a test of the U.S. labor market. It is filed by an employer with the Department of Labor attesting that there are not sufficient U.S. workers in the geographic area of employment who are able, willing, qualified (or more qualified, in the case of college and university teachers) and available to perform the job in question, and that the permanent employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. UConn must conduct recruitment for the beneficiary’s position, review all applications received by U.S. workers, and even conduct interviews of qualified U.S. workers prior to filing. This process is intended to protect U.S. workers by ensuring that they are given a fair chance to apply for the position for which the foreign national has been selected. The DOL will then review the PERM Form 9089 and make a decision to either certify or deny the application.

UConn has the ability to pursue two different types of PERM applications: the basic PERM process and an optional, less stringent “Special Handling” process for faculty teaching positions. The beneficiary’s position must include some classroom teaching duties to qualify for “Special Handling.” Because UConn generally pursues lawful permanent residency only for tenure-track faculty, the “Special Handling” process is the process most frequently used by UConn. Sometimes, however, even faculty teaching positions cannot benefit from Special Handling because the original search did not meet all legal criteria to be eligible for PERM filing. In those cases, the University will need to pursue another PERM recruitment process for such faculty or examine whether the beneficiary might qualify for an alternative option.

All positions subject to the green card process must meet several basic requirements, including full-time (as opposed to part-time) employment, a permanent (as opposed to a temporary, postdoctoral or seasonal) position, and reasonable job requirements customary to the occupation and not tailored to the intended beneficiary. As with H-1B temporary employment, the employer must agree to pay the higher of the prevailing wage or the actual wage for the position.

In addition, the employer must establish that the educational and experience requirements are not “unduly restrictive” to limit the applications of U.S. workers. The employer must be prepared to justify any unusual job requirements by a legitimate business necessity, including a demonstration that it has required the same unusual job requirements for previous hires into the position. As a first step in the green card process, Labor Relations (LR) will identify any unduly restrictive or unusual job requirements and screen out unjustifiable requirements with the hiring department before pursuing the PERM process.

Both the Special Handing and the Basic PERM processes require that an internal notice of the PERM filing be posted by the hiring department or delivered to the collective bargaining representative if the position is unionized. Labor Relations will draft these notices on behalf of the University.

For both the Special Handing and Basic PERM processes, the date on which the application is filed with the DOL’s PERM system establishes a “priority date” for the beneficiary, which later determines the beneficiary’s place in line for an immigrant visa number. DOL is currently taking between four months and one year to adjudicate PERM applications that are not selected for audit, although this information is live and is subject to change. The audit process can add at least one additional year to PERM adjudication. Unfortunately, PERM applications are selected for audit at random, and the University cannot control or prevent the occasional, random PERM audit.

By DOL regulation, the employer, which in this case is the hiring department, must cover the costs of the PERM preparation, including the costs of the advertisements.

Special Handling PERM Process at UConn

One of the benefits of Special Handling is that the recruitment phase has been completed during the initial search that brought the tenure-track faculty member to UConn, and therefore the hiring department does not need to conduct additional recruitment steps or review any additional résumés from U.S. workers. To qualify for Special Handling, however, the PERM application must be filed within 18 months from the date of the initial position offer letter to the beneficiary, not the date of hire. If the Special Handling PERM application is not filed within this timeframe, a completely new, full-scale candidate search through either the Special Handling or the Basic PERM process must be conducted before another PERM application may be filed.

NOTE: To meet the 18-month U.S. Department of Labor filing requirement, UConn hiring departments must submit completed request forms to Labor Relations no later than 15 months from the date of the offer letter.

UConn will not begin the PERM process on behalf of a faculty member until after the faculty member has completed one full semester of teaching duties with UConn. To do otherwise would commit both parties to a multi-year employment relationship which might not be the best fit for either the University or the beneficiary. This policy applies to all tenure-track faculty unless the beneficiary will pass the 15-month deadline before the completion of his or her first semester with UConn.

For Labor Relations to begin a Special Handling PERM application, it requires copies of at least one advertisement placed in a national professional journal, either print or posted a full 30 days on-line, which clearly states the position title, duties, and minimum job requirements. The advertisement must include the entire title page, showing the journal name and publication date, as well as the entire page on which the ad appeared. If using an on-line ad, screen shots of the website should be taken on the first day of posting, a mid-point, and the final day of posting as evidence that the ad appeared in the national professional journal’s on-line job listings for the full 30 days. Copies of any other advertisements or recruitment efforts made to recruit for the position, such as printed advertisements in journals or newspapers, networking contacts, or screen shots of Internet webpage postings and Husky Hire postings, should also be provided. Note that it is the hiring department’s responsibility to gather and maintain evidence of the recruitment steps conducted for its search.

Hiring departments will keep the resumes of all applicants in their files in accordance with the University’s standard search procedures.

The hiring department should budget $3,000 for advertising costs, as the two Sunday newspaper advertisements alone are expensive. Labor Relations will work with the department to determine the most economical and convenient options for the 3 additional required advertising steps.

Please confirm all advertisements with the Labor Relations Attorney before placing the ads in print or online, as the DOL dictates the information an advertisement must contain for PERM purposes. It would be a waste to place an advertisement and conduct recruitment, just to realize after the fact that the advertisement was invalid for PERM purposes.

The Basic PERM Recruitment Process follows the standard search and selection process at UConn. The hiring department will conduct the initial review of all resumes and applications received through the advertising steps and determine whether any interviews are warranted. All applications and resumes will be reviewed by ODE pursuant to the University’s standard recruitment process to ensure that the hiring department has a justifiable reason to deny the applicant an interview. ODE and the Labor Relations Attorney will work closely with the hiring department to determine whether any U.S. workers qualify for the position and whether the University can file the PERM application on behalf of the beneficiary. The hiring department should be prepared to conduct interviews with U.S. applicants in the event that they meet the job requirements on paper. The hiring department and beneficiary should also be prepared that the recruitment process could result in the finding of a U.S. worker who is qualified (or more qualified, in the case of a university teacher) for the position, in which case the University cannot pursue the PERM filing at that time. If a qualified U.S. worker voids the PERM recruitment process, the University may be able to conduct recruitment again in the future and, if successful, file the PERM at a later date.

Pursuant to DOL regulation and the University’s need to review applications received through the recruitment process and conduct possible interviews, the recruitment phase for Basic PERM requires at least 90 days to complete prior to filing the PERM application with the DOL.

For both the Special Handing and Basic PERM processes, the date on which the application is filed with the DOL’s PERM system establishes a “priority date” for the beneficiary, which later determines the beneficiary’s place in line for an immigrant visa number. Supporting documentation for the PERM is not sent to the DOL unless the PERM application is selected for audit. The DOL is currently taking between ten months and one year to adjudicate PERM applications that are not selected for audit, although this information is live and is subject to change. The audit process can add at least one additional year to a PERM adjudication. Unfortunately, PERM applications are selected for audit at random, and the University cannot control or prevent the occasional, random PERM audit.

By DOL regulation, the employer, which in this case is the hiring department, must cover the costs of the PERM preparation, including the costs of the advertisement.

Step 2: Form I-140 Immigrant Petition for Alien Worker

The Form I-140 Immigrant Petition for Alien Worker is filed by UConn with USCIS upon approval of the PERM Form 9089. Along with the Form I-140 and the certified PERM Form 9089, the University must submit substantial evidence to demonstrate that UConn has a need for the beneficiary’s permanent immigration to the United States to perform a specific job (as certified by the DOL through the PERM Form 9089), that UConn has the ability to pay the beneficiary’s wage, and that the beneficiary meets the education and experience requirements for the position as listed in the PERM Form 9089.

Labor Relations must file the I-140 within 180 days of the PERM certification from the DOL. USCIS currently takes approximately four months to adjudicate I-140 petitions, although this information is live and is subject to change. As of April 1, 2024, the USCIS filing fee for the Form I-140 Immigration Petition for Alien Worker is $715. Pursuant to University policy, the hiring department must cover this fee.

There are different types of I-140 applications, known as “preference categories,” that are designated by abbreviations such as “EB-1,” EB-2” or “EB-3.” Most PERM-based LPR processes with UConn will fall into the EB-2 preference category as professions requiring an advanced degree, as tenure-track faculty positions normally require an advanced degree. The EB-1 preference category includes “Outstanding Professor” and “Outstanding Researcher” petitions for those whose scholarship has attained international recognition. These petitions do not require a PERM filing with the DOL prior to the I-140 filing, thus eliminating the first step in the process. Sponsorship for an EB-1 Outstanding Professor or Outstanding Researcher Petition requires pre-approval by the faculty member’s Department Head, the Dean of the faculty member’s College or School, and the Provost. Neither Labor Relations nor individual hiring departments may pursue an EB-1 Outstanding Professor or Outstanding Researcher petition without approval from the Provost. If the faculty member’s Department Head, the Dean and the Provost have granted approval to pursue an immigrant petition that does not require PERM certification, Labor Relations will complete the I-140 Petition on behalf of the University or, if necessary, work with one of the University’s contracted law firms to complete the Petition. For questions on the EB-1 Outstanding Professor or Outstanding Researcher sponsorship process at UConn, contact Lesley Salafia at the Office of the General Counsel (Lesley.salafia@uconn.edu).

Foreign nationals can also self-petition for certain I-140 categories that do not require employer sponsorship, such as EB-1 Extraordinary Ability and EB-2 National Interest Waiver petitions. These petitions do not require support by UConn. Faculty and staff are free to pursue their own Extraordinary Ability or National Interest Waiver petitions if they so choose without UConn or Labor Relations involvement or assistance.

An approved Form I-140, on its own, does not provide employment authorization or permission to remain permanently in the United States. The beneficiary must maintain nonimmigrant status and valid work authorization, either through a nonimmigrant visa sponsorship by UConn or by other means, to continue employment during this time.

Step 3: Form I-485 Adjustment of Status to Permanent Residency

With an approved I-140, the beneficiary may then submit a Form I-485 Application to Adjust Status to that of a permanent resident of the United States. The Form I-485 Application for Adjustment of Status is the designation of an immigrant visa to the beneficiary. To adjudicate an I-485, USCIS examines the beneficiary as an individual to determine whether he or she is worthy of permanent status in the United States. The Form I-485 examines the beneficiary’s prior immigration history, any criminal history, and any other reason that the beneficiary might be inadmissible as a permanent resident. USCIS will take the beneficiary’s fingerprints, mandate a medical examination, and conduct a background check. In some cases, the beneficiary may be called into USCIS’s local office in Hartford, Connecticut, for an in-person interview. Because the I-485 is a personal examination into the background of the beneficiary, UConn and Labor Relations cannot assist the beneficiary in filing the I-485. The beneficiary is responsible for completing, funding, and filing the I-485 on his or her own. At this stage, the beneficiary can also file I-485 applications for any foreign spouse and minor children as derivative family members. The beneficiary and any derivative family members will receive green cards upon approval of the I-485. UConn will give the beneficiary the original I-140 approval notice to facilitate the filing of the I-485.

The U.S. Congress has set limits on the number of immigrant visas that can be granted each year, which is further broken down by each EB classification and by country of birth. As a result, there is a limit on the number of I-485 applications that can be filed and approved each year. There is no limit, however, on the number of I-140 applications that may be filed annually. Not surprisingly, backlogs have developed in certain EB classifications, and the backlogs vary further by countries of birth for categories in which immigrant visas are currently in high demand. When there is no backlog in the beneficiary’s preference category for his or her country of birth, Steps 2 and 3 can be filed “concurrently,” or simultaneously. Currently, individuals from most countries who fall into the EB-2 classification can file the I-140 and the I-485 concurrently, but individuals born in mainland China and in India within the EB-2 classification face a backlog wait before they can file an I-485, and all individuals in the EB-3 classification currently face a backlog wait. This information is live and is subject to change. Labor Relations will initially assess any backlog applicable to the beneficiary and the expected wait time to receive the green card. If the beneficiary faces a backlog, UConn will work to continue his or her current nonimmigrant visa status and employment authorization until the beneficiary can file the I-485 Application to Adjust Status.

For budgeting purposes, the beneficiary should be aware that the filing fees for the I-485 as of April 1, 2024, are $1,440 per application for each adult and $950 for each child under the age of 14, plus additional fees for employment authorization and advance parole travel documents. In addition, each I-485 requires a medical examination from a “civil surgeon” registered with USCIS, and thus the beneficiary should budget for the cost of these medical examinations for each I-485 applicant. As the I-485 is a legal matter that affects the beneficiary’s whole future, is governed by ever-changing regulations, and requires a multitude of forms and information that can be confusing, beneficiaries are encouraged to seek advice and representation from an attorney experienced in immigration law. Most attorneys require fees for their services, and the beneficiary must make the best decision regarding whether to hire an attorney to assist with the I-485 application based upon his or her own circumstances. As a state agency, the University cannot recommend an attorney for the beneficiary’s private use or guarantee the services of any private attorney. For the beneficiary’s reference, however, UConn’s Immigration Services has compiled a list of private attorneys specializing in immigration law within a designated geographic region of UConn’s campuses. The University cannot assist the beneficiary in paying the I-485 filing fees, associated costs or attorney’s fees.

While the beneficiary and any derivative beneficiaries may apply for an Employment Authorization Document (EAD) as part of the I-485 application, UConn prefers eligible H-1B employees to remain in H-1B status during the pendency of the I-485 application to continue valid nonimmigrant status in case a problem is encountered with the beneficiary’s I-485.

EB-1 Outstanding Professors and Researchers

UConn policy provides permanent residency sponsorship for tenured or tenure-track faculty. Sponsorship for an EB-1 Outstanding Professor or Outstanding Researcher Petition requires pre-approval by the faculty member’s Department Head, the Dean of the faculty member’s College or School, and the Provost. Neither Labor Relations nor individual hiring departments may pursue an EB-1 Outstanding Professor or Outstanding Researcher petition without approval from the Provost. If the faculty member’s Department Head, the Dean and the Provost have granted approval to pursue an immigrant petition that does not require PERM certification, Labor Relations will complete the I-140 Petition on behalf of the University or, if necessary, work with one of the University’s contracted law firms to complete the Petition. For questions on the EB-1 Outstanding Professor or Outstanding Researcher sponsorship process at UConn, contact Christene Cooper or Alison Cutler.