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The minimally qualified vs. more qualified distinction plays an important role depending on the job’s teaching status that the alien has been offered. If the job does not contain a teaching component, then the alien will be subject to the minimally qualified requirement, in which he must prove that there is no qualified U.S. worker available to accept the job offer. A qualified U.S. worker means any U.S. worker who meets or exceeds the minimum requirements of education and experiences as claimed in the PERM process. Unfortunately, this means that if even one interested U.S. worker meets the minimum requirements for the offered position, the labor certification application will be denied even if the alien is the most qualified person for the offered position.
However, if the alien holds a teaching position, then the alien will be subject to the more qualified standard. In this standard, the application for labor certification can be approved if it is shown that there are no U.S. workers who are at least equally qualified when compared to the alien teacher. Therefore, the application can be approved even if several U.S. workers meet the minimum requirements for the offered position but none are equally qualified as the alien. In other words, if the alien teacher is found to be more qualified (i.e. more skilled and experienced) than any of the U.S. workers who apply for the job, the labor certification should be approved by the DOL.
Example:
John and Jen are both from India and have received two positions at Ohio State University. John will be an assistant professor in the Business school, while Jen has received a position as a post-doctoral researching in the Psychology Department. John’s position involves teaching classes and research, whereas Jen’s position is simply a research position. John will be subject to the lower standard, more qualified, since his job requires him to teach, while Jen will be subject to the minimally qualified standard. Therefore, if John can show that he is more qualified than the US workers who want the same position, if any, his LC may be approved, while Jen must show that there are no US workers minimally qualified and willing to take the job in order for her Labor Certification to be approved. 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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