Special Handling for University and College Professors / Teachers

Special handling, sometimes referred to as optional special recruitment, is a PERM labor certification process solely carved out for those who teach at U.S. colleges and universities. While similar to the regular PERM process, in that it requires a test of the U.S. labor market, there are a couple of distinct advantages to this process. An overview of special handling is provided here for the benefit of MurthyDotCom readers.

Advantages of Special Handling

There are two potential benefits to using the special handling process. First, the employer can often use the labor market test that was used to initially hire the professor or teacher. Second, the college or university can utilize a “more qualified” standard. These benefits can streamline the PERM process significantly for faculty members, as further explained.

Overview of the Special Handling Process

Universities and colleges that have hired foreign nationals for teaching positions have multiple options to consider regarding permanent residence. Special Handling is one of those options. It allows the academic institution to use the previously completed recruitment process to file a PERM labor certification with the U.S. Department of Labor (DOL). In addition, the academic institution can defend its hiring choice by describing how the foreign national was better qualified for the position than other candidates.

Criteria to be Satisfied with Special Handling

To use the previously conducted recruitment process to file a labor certification application with the DOL, these criteria must be met:

• The competitive recruitment and selection process must have been conducted within eighteen months of filing of the labor certification application.
• Advertisement must have stated the job title, duties, and requirements for the position, and must have included publication in a national professional journal.
• The employer must have a statement signed by an official outlining in detail the recruitment processes undertaken, the total number of applicants, the specific job-related reasons that the foreign national is better qualified, and a statement regarding the foreign national’s qualifications.

If all these requirements have been satisfied, the college or university can file the labor certification much more quickly than otherwise would have been possible through use of the regular PERM process. Still, there are additional steps that need to be conducted once the academic institution decides to pursue this option. Mirroring the regular PERM process, the institution must obtain a prevailing wage determination from the DOL and notice of the job opportunity must still be provided to all employees.

Use of “More Qualified” Standard After Eighteen-Month Window Passes

If a university or college fails to file a special handling application within the eighteen-month window or does not utilize a national publication during the recruitment phase, all hope is not lost. The academic institution can still utilize a “more qualified” standard in the regular PERM process, or it may initiate a new round of recruitment that meets the special handling requirements.

Conclusion

As with all immigration processes, proper planning requires an understanding of the requirements and timetables required for preparation and adjudication of the various steps involved. Attorneys at the Murthy Law Firm have decades of experience filing successful cases for our clients. We are available to provide guidance and representation in the special handling process, as well as other green card filing options, from the straightforward to the complicated and unusual.

Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved