- Employer must conduct prior recruitment efforts. The application must be filed within 18 months from the date that the alien teacher was selected by a competitive recruitment and selection process for the position.
- The position must have been advertised in a national professional journal during the recruitment process before selection. The advertisement must have specified the job title, duties, and requirements. The wage offered need not be included.
- A detailed statement describing the recruitment procedure signed by a college or university official who has actual hiring authority must be included with the application. 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.
- A notice must be posted internally at the work site to announce to the employer's employees the filing of the Application for Foreign Worker Employment Certification. The posting must be for ten (10) consecutive business days. If the position is covered by a collective bargaining agreement, the employer must notify the bargaining representative of the filing of the Application. If it is a unionized position, properly notice of filing must be provided with the bargain representative.
Examples:
Ken received a teaching position as an assistant professor in marketing on March 1, 2006 and will begin working for the university in September. The university has a policy of sponsoring labor certification after one year of employment. After taking the position and working there for one year, Ken applies for labor certification. Unfortunately, since he was offered the job in March 2006 and now it is September 2007, more than 18 months have passed since the offer date and he is unable to apply through Special Handling. Ken can still apply through the regular PERM process, EB-1, or the NIW, which may be better in this case.
Jen received a teaching job offer from Stanford as a professor 10 months ago and wishes to apply for Special Handling. The position she received was never advertised in a national professional journal during the recruitment process. Due to this, she is unable to apply through Special Handling for labor certification. But she may consider applying through the regular PERM process or file another petition, like the NIW or EB-1 (b).
Ken received a teaching job from Kansas State University 8 months ago, which was advertised in a national professional journal. He wishes to get labor certification now and can apply through Special Handling, since he meets the requirements. However, he can also get labor certification by using the regular PERM process if he chooses to, or file a NIW or EB-1 petition.
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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