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There are some minor changes made by the new PERM system on the special
handling process for college and university teachers.
However these minor changes have not changed the substantial
requirements of the special handling procedure.
The employer may
recruit for college and university teachers under the basic PERM labor
certification process (the same process used for hiring other employees)
or must be able to document the alien was selected for the job opportunity
in a competitive recruitment and selection process through which the alien
was found to be more qualified than any of the United States workers who
applied for the job. To file the special handling application, I
will need the following documents:
(1) A statement, signed by an official who has
actual hiring authority from the employer outlining in detail the complete
recruitment procedures undertaken; and which must set forth The total
number of applicants for the job opportunity and the specific lawful
job-related reasons why the alien is more qualified than each U.S. worker
who applied for the job; and
(2) A final report of the faculty, student,
and/or administrative body making the recommendation or selection of the
alien, at the completion of the competitive recruitment and selection
process;
(3) A copy of at least one advertisement for the
job opportunity placed in a national professional journal, giving the name
and the date(s) of publication; and which states the job title, duties,
and requirements
Please note that
the applications for permanent
alien labor certification for job opportunities as college and university
teachers must be filed within 18 months after a selection is made pursuant
to a competitive recruitment and selection process.
Please
also note that an employer that
can not or does not
choose to satisfy the special
recruitment procedures for a college or
university teacher may go
through the basic PERM process used for other normal positions. If
this is the route, an employer that files for certification of employment
of college and university teachers must follow the
normal recruitment process and be able to document, if requested by
the Certifying Officer, the alien was found to be more qualified than each
U.S. worker who applied for the job opportunity.
If your special handling application has been filed a wile ago and is
still pending with the DOL, you may consider refiling under the PERM
process. However this option should be exercised with caution.
If your application was not filed by this office, you need to
discuss your case with your own attorney. All Xielaw's clients can contact
us if you have any questions. |
