The following is a list of all the steps for a successful Special Handling petition based on PERM regulations.
- Employer must conduct recruitment efforts prior to making a selection. The application must be filed within 18 months from the date that the alien teacher was selected for the position by a competitive recruitment and selection process.
- The position must have been advertised for in a national professional journal (either a hardcopy or online edition) during the recruitment process before selection. The advertisement must have specified the job title, duties, and requirements. The wage offered need not be included.
- A detailed statement describing the recruitment procedure signed by a college or university official who has actual hiring authority must be included with the application. A general statement is not acceptable. Documentation must include:
- Total number of applicants for the position;
- Specific, job-related reasons why the foreign worker was found more qualified than the U.S. workers who applied.
- A final report from the faculty, student, and/or administrative body that made the recommendation or selection of the alien, at the completion of the competitive recruitment and selection process;
- A written attestation of the alien’s qualifications for the position (experience, education, achievements) in addition to the detailed statement in #3 above;
- An internal job posting (also known as a Notice of Filing) must be posted at the work site to announce to the employer's employees the filing of the Application for Foreign Worker Employment Certification. The posting must be for ten (10) consecutive business days. If the position is covered by a collective bargaining agreement, the employer must notify the bargaining representative of the filing of the Application. If it is a unionized position, proper notice of filing must be provided with the bargain representative. Unlike for Regular PERM processing a Special Handling internal job posting does NOT have to list the position’s wage.
Examples:
Ken received a teaching position as an assistant professor in marketing on March 1, 2011 and began working for the university in September 2011. The university has a policy of sponsoring labor certification after one year of employment. After Ken took the position and worked there for one year, the university files a labor certification for Ken. Unfortunately, since he was offered the job in March 2011 and it is now September 2012, more than 18 months have passed since the offer date and his position is unable to qualify for Special Handling. Ken can still apply through the regular PERM process, EB-1(b), or the NIW, which may be better in this case.
Jen received a teaching job offer from Stanford as a professor 10 months ago and would like the university to file a Special Handling petition for her. The position she received was never advertised in a national professional journal during the recruitment process. Due to this, she is unable to apply through Special Handling for labor certification. She may consider applying through the regular PERM process or file another petition, like the NIW or EB-1(b).
Ken received a teaching job from Kansas State University 8 months ago, which was advertised in a national professional journal. All other aspects of Special Handling were followed by the university and documented as well. Ken wishes to get labor certification now and can be the beneficiary of a Special Handling petition since his position meets all of the requirements. However, he can also get labor certification by using the regular PERM process if he so chooses, or file a NIW or EB-1(b) petition.
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