Teaching positions

For teaching positions in institutions of higher education – this is not restricted to teaching faculty only – the U.S. Department of Labor permits the employer to substitute its own, good faith, competitive recruitment for the prescribed process for non-teaching positions. However, there are some specific requirements imposed by the Department of Labor:

Special Handling Labor Certification (PERM) applications must be filed on behalf of an employee with teaching duties within 18 months from the date of selection (i.e. the offer letter date).  If that date has passed, or if the recruitment process that was used does not meet the specific requirements for the green card application process, the university may “re-test the labor market” to reset the clock.  If the candidate is still found to be more qualified than any US worker who applied as part of the new labor market test (not the original recruitment), then a Special Handling application may be submitted within 18 months following the issuance of a new offer letter resulting from the labor market test.

Requirements for the (new) labor market test are:

• An ad must be placed either in print OR online with a national professional journal.
  • Online ads must be posted for at least 30 calendar days. (Paper ads are only placed once.) Online ads must include the same information as paper ads (see below)
    • pointer ads are generally not acceptable; the language in the ad must meet the regulatory criteria on its own.
    • Be sure to retain a copy of the ad as it appeared (i.e. screen shot if posted online or copy of the relevant page pf the hard copy publication) as well as evidence of the publication dates (e.g. certified tear sheet, invoice, etc.). 
  • The Department of Labor accepts ads placed in the paper version of The Chronicle of Higher Education for this purpose or you may use a national professional journal specific to your field.
  • The ad must include the
    • employment location (e.g. Ann Arbor)
      • If 100% telecommuting /remote work is permitted, this should be spefically stated.
    • number of positions (if multiple);
    • job title;
    • duties (teaching duties should be mentioned specifically and clearly);
    • minimum requirements;
      • If the degree needs to be in hand by the start date, please state this in the ad.
    • method of application, and
    • all language required by the relevant SPGs and other policies, including. SPG 201.22 - Recruitment and Employment and SPG 201.95 - Background Screening
  • Before placing the ad, please review the ad language and preferred journal with FSIS
  • You should make a copy of the ad on the first and last day the ad is run. You may also submit receipts from the journal listing the posting dates.
• Resumes must be reviewed and evaluated in good faith to determine the qualifications of the applicants.
  • If the current employee is once again shown to be the most qualified for the position, document reasons why the other candidates are not as qualified.
  • Once the recruitment is completed and you, in good faith, can say that your candidate is the most qualified for the position, issue or re-issue a letter of offer.
  • If the original offer letter was issued contingent on the applicant receiving their diploma, it is acceptable to issue an "offer confirmation" letter once all the requirement have been met.
• Submit all documentation to the Immigration Specialist filing your case. Documents include:
  • ad with proof of posting dates;
  • offer letter and acceptance;
  • resumes of applicants;
  • document outlining recruitment procedures with reasons why selected applicant was the most qualified and why each of the other applicants was not as qualified.

Please reach out to FSIS with any questions and additional detail.