When sponsoring someone for a green card in the second or third employment-based preference categories, the employer must document that the preferred candidate is the best qualified or, in the case of positions that do not encompass teaching duties, that there are no minimally qualified U.S. workers available. The U.S. Department of Labor prescribes the process that must be followed to document this. If the process is not followed to the satisfaction of the Department of Labor, the Labor Certification request will be denied. At that point, the green card application process comes to a standstill and the recruitment may need to be re-done.
Note that this recruitment process may well vary from the standard recruitment processes in place at the University; the process is not designed to replace the standard HR hiring process. Instead, it is designed to be a blind test of the labor market to determine the availability of U.S. workers.
Recruitment Process Overview for