Information for Departments Sponsoring Foreign Nationals
for Lawful Permanent Residence (“green cards”)
20 CFR , Section 656.18
EB-2 SPECIAL HANDLING
(TEACHING FACULTY ONLY)
Timeline
Hiring department gathers documentation supporting the petition (with the assistance of Human
Resources) and submits all items listed below to the Office of International Programs (OIP). OIP
cannot initiate the green card process until all documents are received.
OIP will file a labor certification with the Department of Labor (DOL)
DOL will adjudicate the labor certification
Once the labor certification is approved, OIP will file form I-140 with USCIS
Once the I-140 is approved (UNCW is done), the foreign national must file I-485 and all other
permanent residence application materials on his/her own or with an attorney’s assistance. (1-several
years)
Documentation to submit to OIP for Lawful Permanent Residence applications
As per federal regulations, the items below must be retained in an audit file in the event the
Department of Labor requests them.
The items below must be submitted to the OIP before a green card application can be initiated.
For the department to submit
1. Completed and signed Initiation of Permanent Residency Process for UNCW Employees, found here:
http://uncw.edu/generalcounsel/documents/Initiation_of_Permanent_Residency_Process_25March2008ver2
.pdf
2. Documentation to clearly show that the employer selected the alien for the job opportunity pursuant to a
competitive recruitment and selection process, through which the alien was found to be more qualified than
any of the American applicants who applied for the position; this must consist of:
a. a recruitment report signed by an official who has actual hiring authority from the employer (e.g.,
department chair) which
i. outlines in detail the complete recruitment procedures undertaken
ii. lists the total number of applicants for the position
iii. details the specific lawful job-related reasons why the alien is more qualified than each
applicant who applied for the job (related to # 7 below). For example, “Dr. Q had experience
in lie theory, one of the requirements in the national ad, and the other applicants who were
not selected, Drs. X, Y and Z did not.”
b. A copy of at least one print advertisement for the job opportunity placed in a national professional
journal, giving the name and the date(s) of publication and which states the job title, duties, and
requirements. Note: the ad must be placed in a national print professional journal. This
requirement cannot be met through the use of an electronic professional journal.
c. Evidence of all other recruitment sources utilized (e.g., a printout of the UNCW website
advertisement).
d. A written statement from the department chair attesting to the degree of the alien’s educational or
professional qualifications and academic achievements.
e. CVs of all candidates, sorted by the reason the applicants were rejected.
3. Documentation that UNCW has provided internal notice of the filing of the application (Lori Preiss in
Human Resources must assist you with this). As per 20 CFR Section 656.10, the Notice of Opening must
be posted for 10 consecutive days in conspicuous locations “at the facility or location of employment.”
Furthermore, this posting must “be provided between 30 and 180 days before filing the application.”
For the foreign national to submit
1. ETA 9089 Employee Information Form
With these items, OIP will file the labor certification. Once the labor certification is approved, the hiring
department must submit the following items so that OIP can file Form I-140 with the United States Citizenship
& Immigration Service (USCIS).
1. I-140 department support letter
2. signatures on the approved labor certification
Once the I-140 is approved, the foreign national must file Form I-485 and all other permanent residence
application materials on his/her own or with an attorney’s assistance.
For questions, please contact:
Jennifer Fernandez-Villa
Office of International Programs
Phone: 910.962.7009
Fax: 910.962.4053
Email: fernandezvillaj@uncw.edu