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Creating ads for permanent residence sponsorship eligible positions

Overview

The requirements outlined below help ensure that job advertisements for competitively recruited positions adhere to University of Washington policies and Department of Labor requirements in the event that the selected candidate requires UW sponsorship for EB-2 Special Handling permanent residence.

Requirements

  • To satisfy Department of Labor requirements for this pathway, job advertisements must be published in:
    • a national print professional journal,
    • The Chronicle of Higher Education (online) or another higher ed recruitment website (e.g. Higher Ed Jobs or HERC), or
    • Any other jobs website closely associated with a national professional journal in the appropriate field. Examples include, but are not limited to: 
  • The ad must include:
    • the position title and all requirements/qualifications.
    • a detailed and specific description of teaching duties, or (at minimum) the phrase “All University of Washington faculty engage in teaching, research/scholarship and service.”
  • For physician jobs with patient care responsibilities, include the following language:
    “In order to be eligible for University sponsorship for an H-1B visa, graduates of foreign (non-U.S.) medical schools must show successful completion of all 3 steps of the U.S. Medical Licensing Exam (USMLE) or equivalent as determined by the Secretary of Health and Human Services.”

Important Reminders for Creating Advertisements

  • In order to be eligible for permanent residence sponsorship, positions must have an explicit minimum degree requirement and list all allowed domestic degrees (e.g. “This position requires an MD or DO (or foreign equivalent).”)
  • Include only qualifications essential to the job. Preferences SHOULD NOT be listed. In the context of a permanent residence application, the Department of Labor will consider all education/experience/skills/qualifications/etc. listed in the ad to be requirements, even if the ad says that they are preferred/ideal/etc.
  • For green card application purposes, units must provide evidence that the candidate met each requirement listed in the ad at the time of hire.
  • To avoid difficulties, we strongly recommend rewording preferences and vague requirements (e.g. “must be able to mentor diverse student populations”) as job duties (e.g. “duties include mentoring diverse student populations”).
  • Ads may state that successful candidates will be expected to secure funding for their research, but may not imply that they must generate their own salary.
  • Jobs with numerous experience, training, and skill requirements are unlikely to be viewed as entry-level by the Department of Labor, and may impact wage requirements. These positions may be assigned a higher wage in the prevailing wage determination process.

Advertising Across Multiple Outlets

  • If a hiring unit wishes to advertise in multiple outlets, all duties and requirements/qualifications must be consistent across advertisement versions.

Record Keeping Guidance

For The Chronicle of Higher Education (online) or other online journals or job sites, retain a copy of the following:

  • Advertisement invoice, or other evidence that the ad was open and active for at least 30 days, and
  • Advertisement printout as posted, including URL.

For advertisements in professional print journals, retain a copy of the following:

  • Journal’s cover page
  • Copy of full page on which ad appears

Questions?