Q: What is DOL?
A: DOL stands for Department of Labor. This is the agency of the U.S. government that through its two national processing centers in Atlanta and Chicago, adjudicate PERM Labor Certification applications for the whole nation.
Q: Who is handling my case if I retain Z&A?
A: Our attorneys handle their clients' cases individually by preparing petition letters, contacting clients, and following up pending cases. That's why we have more attorneys than clerks. Our clerks' main objective is to help attorneys prepare clients' packages, and each client's package will be reviewed by one of our most experienced attorneys for final checking before sending out the package.
Q: What does PERM stand for?
A: PERM is short for Program Electronic Review Management process”. PERM is a new system of Labor Certification application.
Q: Which government agencies are involved in PERM Labor Certification?
A: The U.S. Department of Labor (DOL) and the individual State Wage Agencies (SWA) will be involved in the PERM Labor Certification. The USCIS is not involved in the PERM process.
Q: What is Special Handling?
A: Special handling is an employer sponsored labor certification application limited to teaching positions at qualified educational institutions.
Q: What are the benefits of Regular PERM or Special Handling PERM over filing an NIW?
A: Applying through Special Handling or the Regular PERM process requires much less documentation to be provided by the applicant himself/herself. When applying for a NIW, the applicant must supply all publications, citations, abstracts, invitations to conferences, honors or awards, membership in professional associations, and letters of recommendation. Many times these items are difficult for an applicant to obtain, especially the strong letters of recommendation. Furthermore, if the applicant is a recent graduate and does not have many publications or invitations to conferences, it may be difficult to obtain the NIW.
However, NIW has its unparalleled advantages in that that applicant is not as dependent on the employer to get the petition, as it is mainly an independent process. , The applicant does not require to a job offer at the moment and can petition for himself or herself. Also, the NIW avoids the labor certification process entirely.
Q: What are the benefits of Regular PERM or Special Handling PERM over filing an EB-1 (b) petition?
A: The EB-1 (b) petition, like the NIW, requires much more documentation on the behalf of the applicant than Regular PERM and Special Handling requires. For example, the applicant must present publications, citations, peer-reviewed presentations at symposia, and letters of recommendations. Due to this, it may be simpler for the alien to apply though Special Handling PERM. Again, EB-1 petitions have advantages, as there is no time limit that one needs to file the EB-1 petition, and labor certification is not required for the EB-1 petition.
Q: Are there any special requirements or hurdles to applying for Special Handling?
A: First, in order to apply for Special Handling one must file the application within 18 months from the date that the recruitment and selection process decided to hire the alien.
Another disadvantage to this process is that the employer must be qualified, meaning that colleges or universities must be recognized by the federal or state government as institutions of higher learning and provide bachelors or higher degrees, or offer courses that can be used as credit to such a degree. This means that elementary or secondary schools are not qualified employers in this process.
A third disadvantage to this process is that in order to qualify for Special Handling, one must be offered a teaching position at an institution of higher education, This means non-teaching positions such as researchers, librarians and other administrative staff must be processed under the regular alien Labor Certification process.
Q: Who qualifies for Special Handling?
A: Those seeking teaching positions at accredited educational institutions, such as universities, junior colleges and community colleges that offer two-year associate degrees or higher degrees.
Q: What does it mean that the employer must be qualified?
A: The qualified employers means that the colleges or universities that admit high school graduates (12th grade), are recognized by the federal or state government as institutions of higher learning, and provide bachelors or higher degrees, or offer courses that can be used as credit to such a degree. Elementary or secondary schools are not qualified employers in this process.
Q: To apply for Special Handling, must I teach or can I just do research and have a non-teaching position?
A: In order to be eligible for Special Handling, the applicant must be offered a teaching position at institutions of higher education, which means the position must involve some amount of actual classroom teaching. This means that non-teaching positions such as researchers, librarians and other administrative staff must be processed under the regular alien PERM process.
Q: Are there any wage requirements placed on the employer?
A: The law requires that the wages paid to the alien teacher must be at least the higher of the actual wage rate paid to all other teachers with similar experiences and qualifications for the specific employment in question or the prevailing wage rate for the occupational classification in the area of employment. The law does not preclude the employer from paying more than the higher of the actual wage or the prevailing wage. State Employment and Security Agency (SESA) may provide the employer with a prevailing wage determination prior to submittal of the application if so requested. If the wage rate for the position is determined by a collective bargaining agreement, that rate is controlling.
Q: What if there are US workers who meet the minimum requirement for the position I wish to apply for?
A: If the applicant files through Special Handling or PERM and there exists US workers who meet the minimum requirement for the same position, but the applicant is more skilled than these workers, then the labor certification should be approved only if the position that the alien is applying for requires teaching. If there is no teaching involved, then that LC will not be successful, if he is at least minimally qualified.
Example:
Jack and Claire are from China and have received positions to work at University of Houston. Jack has received a position as a librarian, while Claire will have a teaching position in the Biology Department. After submitting his application to receive labor certification, it was noted that there were US workers that wanted the same position as Jack, but were less qualified than him, but met the minimum requirements. Jack’s LC will not be successful. In Jen’s case, there were US workers who were minimally qualified for the position, but Jen was more qualified or the most qualified for the teaching position and her LC should be approved.
Q: Is there a time limit that I need to file the Special Handling applications within?
A: Yes, the Special Handling application must be filed within 18 months of the alien teacher being selected by a competitive recruitment and selection process.
Q: Does the position I have been accepted to and wish to file Special Handling for had to have been advertised?
A: Yes, the position that one seeks to file the Special Handling application for must have been advertised in a national professional journal (at least one) during the recruitment process before selection. The advertisement must have specified the job title, duties, and requirements. This requirement is less extensive than documentation required by other petitions, such as EB-1 or NIW, which need letters of recommendation and documentation of publications, citations, and presentations.
Q: Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under 20 CFR 656.18, Optional special recruitment and documentation procedures for college and university teachers?
A: Yes, an employer may use an electronic or web-based national professional journal to satisfy the provision found at 20 CFR 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The electronic or web-based journal’s job listings must be viewable to the public without payment of subscription and/or membership charges. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal’s website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.
Q: Do I need to include any documentation on the recruitment procedure with my application?
A: Yes, a detailed statement describing the recruitment procedure signed by a college or university official who has actual hiring authority must be provided. The selection committee that recommended appointment of the foreign worker should submit a signed final report or summary of the recruitment results. A general statement is not acceptable. Documentation must include:
· Total number of applicants for the position;
· Specific, job-related reasons why the foreign worker was found more qualified than the U.S. workers who applied.
Q: How do I know if I should apply for Special Handling, Labor Certification, National Interest Waivers (NIW), Alien of Extraordinary Ability Petitions (EB-1(a)), or Outstanding Researcher Petitions (EB-1(b)).
A: Since each individual case is different, it is wise to ask an experienced attorney which application would be the best for your particular situation. If you have any questions or would like a free evaluation of your situation please contact us at info@hooyou.com.
