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John, a British national, has a Ph.D. in Biochemistry and wishes to work in the U.S. as an assistant professor at a university. In the recent issue of The Journal of Biochemistry, he saw an opening at John Hopkins University for an Assistant Professor of Biochemistry, which would involve teaching, research and requires a Ph.D. in Biochemistry. After undergoing an extensive recruitment and selection process, JHU decides to hire John for the position.
John now may apply labor certification to get his permanent residence of the U.S. His many options include the regular PERM processing, Special Handling, NIW, and EB-1 (b). John sees that the regular PERM process is complex. Furthermore, if he chooses to apply through NIW or EB-1 (b), he may need to provide a great deal of documentation and recommendation letters if he hopes to have his petition approved. However, NIW would give John the ability to self-petition and not be as dependent on his employer to file the petition. Special Handling does not require John to get recommendation letters or documentation of his publications, but does require him to apply within 18 months from the date that the recruitment decision was made to offer his the position and provide an advertisement for the job from a national professional journal. Furthermore, this process is more dependent on the employer providing key information on the recruitment process and procedures.
After weighing his options, John decides to file through Special Handling due to relative simplicity and lack of extensive documentation on his behalf (employer must provide documentation in this case, not applicant). JHU made the hiring decision in April 2006 and John will begin working September 2006. Upon John’s request, the university applies for labor certification through Special Handling for John in August 2006. The university has provided the necessary documents describing the recruitment efforts, and all necessary paperwork has been submitted to the Department of Labor. As in a typical case, the special handling PERM should be approved after 2-3 months. John can move to the next step: I-140/485 after John receives his labor certification.
For more information on Special Handling PERM for University and College Teachers, please click one of the following topics:
Description
Eligibility
Requirements
Minimally Qualified Requirement vs. More Qualified
Procedural Criteria
Documents and Information Needed
An Example of Special Handling Case
Frequently asked questions about Special Handling
General PERM Labor Certification
PERM Specialty Team
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