The “Special Handling” labor certification category is limited to college or university professors and must be filed within a certain period of time after the individual is selected for the position. Filing under this category requires a submission of a complete labor certification form, as well as the following:

1. Documentation that the employer selected the alien for the job opportunity pursuant to a competitive recruitment and selection process, as shown by:
   1. a statement, signed by an official who has actual hiring authority, from the employer outlining in detail the complete recruitment procedure undertaken;
   2. the total number of applicants for the job opportunity;
   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; and
   4. evidence of all other recruitment sources utilized.
2. Documentation that the “alien” was found to be more qualified than any of the United States workers who applied for the job, as demonstrated by:
   1. a description of the specific lawful job-related reasons why the alien is more qualified than each and every U.S. worker who applied for the job; and
   2. a written statement attesting to the degree of the alien’s educational or professional qualifications and academic achievements.
3. 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

Applications for permanent alien labor certification for job opportunities as college and university teachers shall be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process; these have the advantage that pre-existing recruitment my be utilized even if that recruitment did not follow the standard PERM recruitment formula.

 
This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm.  Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.