Employer requirements to file for Special Handling

The following is a list of requirements that must be fulfilled by the employer in order for the applicant to be eligible for Special Handling.

  • The university or the college must have an established tenure track position selection procedure;
  • The selection of an applicant for the position must go through the “tenure track” procedure and be made by an appropriate selection or recruitment committee;
  • Petition must be filed within 18 months of date that the alien was selected for the position;
  • At least one posting in a hard copy version of a nationwide professional journal (can be more than 18 months old) OR an electronic or web-based national professional journal. If the employer chooses the electronic or web-based posting. the advertisement must be posted for at least 30 calendar days. 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.
  • Documentation of other recruitment activities (if any);
  • Documentation of the steps of interviews and evaluations;
  • An internal job posting (also known as a Notice of Filing) containing DOL required information. Salary is not required information for a Special Handling internal job posting. The posting must last for at least 10 consecutive business days and occur at least 30 days but no more than 180 days before filing the application. A notice of such job opening should be properly directed to a bargaining representative if the position is a unionized position.
  • Obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC);
  • A statement that details the selection procedure and testifies to the alien’s credentials and qualifications.

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