Special Handling for University Professors & Teachers
The Special Handling Labor Certification is a Second Preference Petition, limited to teaching positions at qualified, accredited educational institutions of higher education. The job duties of the position must include actual classroom teaching. The Special Handling case must be submitted within 18 months from the date the offer was made and accepted. Because of the 18-month window in which the Special Handling must be filed, and the time it takes to file the underlying Prevailing Wage Determination (PWD), the process should be started as soon as possible.
The Special Handling case allows the employer to utilize the recruitment activity that it used when it filled the position with the incumbent. It does not require additional recruitment; however, the employer must post a Notice of Filing within 180 days of the filing but no more than 30 days prior to the filing.
Once the Special Handling labor certification is filed, the DOL may take 8 to 10 months to adjudicate the case. If approved, the employer may file an I-140 Petition for Immigrant Workers with the U.S. Citizenship and Immigration Services. In some cases, in which the established priority date is current, (The priority date is the employee’s place in line for an immigrant visa.), the employee may file his/her I-485, Application for Adjustment of Status, concurrently with the I-140. If the priority date is not current, the employee must wait to file until additional visas become available.
The above is a generalization of the Special Handling labor certification process. It is, however, a complex procedure, with stringent requirements and timelines. Because of the multiple steps in this process, the window in which the case must be filed, and the length of time it takes all the required steps before filing, the process should be started as early as possible.
To schedule a meeting to review the entire process, timelines, cost, and roles, please call Immigration Services at 979-862-1719 or email immigration@tamu.edu.