time frame for special handling Labor certification

A

anonymous12

Registered Users (C)
Does any one know what is approximately time period for the special handling Labor certification. In general it is faster than regular RIR.

I am a resesearcher working at a University and my employer is willing to sponsor labor certification. Like in NIW one has to make a case of national in scope, over all benifit US economy and BCIS does not buy the aurgument that Labor certification takes too long.

In special handling Labor what argument has to be mentioned why university is seeking special handling over usual RIR pathway?

Any suggestions please!
 
anonymous12 said:
Does any one know what is approximately time period for the special handling Labor certification. In general it is faster than regular RIR.

I am a resesearcher working at a University and my employer is willing to sponsor labor certification. Like in NIW one has to make a case of national in scope, over all benifit US economy and BCIS does not buy the aurgument that Labor certification takes too long.

In special handling Labor what argument has to be mentioned why university is seeking special handling over usual RIR pathway?

Any suggestions please!
Click to expand...

What is "special handling LC". Don't forget, most people here are looking to skip LC.

Brian
 
Thanks for reminding me that this is NIW forum and reason I asked this question in here is because I want to know in special handling LC what argument has to be mentioned why university is seeking special handling over usual RIR pathway?

Is it very important to state why university is seeking special handling or some reason has to be mentioned like in most cases of NIW people mention that this person (future immigrant) is integral part of research team and importance of research they are doing.
 
anonymous12 said:
Thanks for reminding me that this is NIW forum and reason I asked this question in here is because I want to know in special handling LC what argument has to be mentioned why university is seeking special handling over usual RIR pathway?

Is it very important to state why university is seeking special handling or some reason has to be mentioned like in most cases of NIW people mention that this person (future immigrant) is integral part of research team and importance of research they are doing.
Click to expand...

If you are a researcher in a university and your employer is willing to sponsor your green card than the best way is EB1-OR. LC will definitely take much longer, no matter which category. In present time even RIR cases are taking quite long and several of those are being rejected.
 
The pain in the neck is HR department. They insists that in order to apply for EB1-OR one needs to first get O1 visa. My lawyer told me that these days getting an O1 approved is more difficult than EB1-EA. I am on H1b so only option I have is LC.
 
anonymous12 said:
The pain in the neck is HR department. They insists that in order to apply for EB1-OR one needs to first get O1 visa. My lawyer told me that these days getting an O1 approved is more difficult than EB1-EA. I am on H1b so only option I have is LC.
Click to expand...
Then you should try for EB1-EA. It has an additional advantage that you can petition yourself, it does not require any job offer. Although it requires lot of work on your part.
 
My lawyer feels that it is little bit difficult to get either EB-1EA or NIW approved in my case. I think most lawyer wants a plain vanilla case so that they don't have to do any thing. So they prefer LC in which they usually fill out forms and how to make an Ad. in a journal.
 
Teachindg Duties for Special handling LC

Anon:

I had looked into doing a special handling LC some time back. If memory serves me right, one needs to have atleast some teaching duties to be eligible for it. Only research assignment at the Univ. would not qualify you for spcial handling LC.

Again, if I remember correctly, the special part about this LC is that the employer can hired the best qualified alien over a USC/GC holder meeting minimum qualifications for the job. This is not the case for other LCs.

Also, if you have been hired by the Univ. within the last 18 mos. (I think) through regular Univ., competitive advertisement, interviewing and recruiting procedures you can submit those details and get the special handling LC done.

All of this may not be absolutely accurate. But you may want to check on these things.

Good Luck!
 
THnaks for your reply. All what you have mentioned does apply to me. Thats why I am seeking Sp. handling labor.

My real concern is does one has to show why university is seeking sp. handling over RIR. e.g. in NIW one has to show national interest which may involve very critical nature of multi-million dollar project and my doing LC it will risk delays and things like that.

or when you show teaching and competitive recuritment effort in LC then no one ask why sp. handling over RIR?
 
Faculty in a University

Hi,
I am a faculty at a state university and due to some strange rules our school Legal office said they could not process my Green Card. So I went to a lawyer and he gave me, I think, 3 options. One was this "Special Handling for LC", NIW, and the other one is probably EB1-EA or OR I am not an expert on all these options.
Anyway, the first option required advertisement, interview etc etc etc. He told me that this would definitely take longer for a faculty that it would for an engineer working at a company. So think carefully and be prepared for a delayed process (if you are unlucky), but hopefully it will be done faster.

I personally choose NIW for faster processing and luckily got approved in 7 months from NSC. MY RD was 23/02/04 and AD 17/09/04. No RFE. 1.5 years as faculty, 10 papers (only 4 published), 3 citations, 9 references (1 from Air Force Research Lab division chief). But the references were actually for a proposal that I wrote to NSF. I just used the same references with the subject saying that they were for the proposal. I just mentioned in the document telling that the references indicate the impact of my research on Air Force research needs. And I also have a project with the Navy and I think that is what helped me a lot.

I actually got the paper work from my lawyer for I-485 to file concurrent but was sitting on it for the past 3 months. Now I realized that I wasted 8-9 months by sitting on it for 3 months. Anyway, for people like me, listen to the experts in this forum and apply concurrent if you are confident about your case.

Thanks
Rpen
 
I went through the O-1 to OR route. O-1 is supposed to be similar to EA in terms of requirements. It's not impossible to get one. The benefit of going this route for you is that you would have done the leg-work required for an OR/EA application (you can use the same letters with slightest modifications), and you can know the outcome for O-1 in 15 days if you use premium processing.

It's almost certain that your EA/OR petition will be approved if you can get an O-1.
 
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