PERM Labor Certification Special Handling

Optional special handling for faculty

DOL regulations do make some exception to the testing of the labor market, especially for faculty hires.

This is best suited for tenure-eligible faculty where little or no experience is required, which is in contrast with the Outstanding Researcher category discussed above; it is ideal for any tenured faculty as well. This requires that the university file a labor certification within 18-months of the date of offer predicated on the following:

  • A competitive recruitment was conducted, including
  • Print or electronic advertisement in a professional journal, Chronicle of Higher Education, or similar publications
  • Additional posting on professional website or other online medium

Note: If a department or the beneficiary misses the 18-month window, or if a competitive recruitment was not conducted, then the standard labor certification regulations apply (see below). 

Required steps

In order for a labor certification to be filed under PERM, the following steps must be taken:

  • Submit request form to the IO;
  • Meet 100% of the prevailing wage as determined by DOL;
  • Pay all costs associated with the preparation, filing and obtaining a labor certification including attorney fees and advertisements;
  • Keep records for five years as of the date the PERM was filed.

Record-keeping requirements

The following documents must be kept for five years:

  • Copies of all resumes and applications 
  • Completed resume review sheet (hyperlink)
  • Copy of recruitment report
  • Copies of all advertisements
  • Copy of prevailing wage

Process flow

  1. Submit request to IO;
  2. Upon approval, IO will notify department and beneficiary;
  3. IO will request beneficiary to select a university approved attorney;
  4. IO will notify attorney of approval and begin the process;
  5. Attorney drafts labor certification and submits to IO for review;
  6. Upon approval, attorney files labor certification with DOL;
  7. Upon certification, attorney prepares and submits form I-140 (immigrant petition) to IO;
  8. IO reviews and signs the I-140;
  9. Attorney submits to US Citizenship and Immigration Service (USCIS);
  10. USICS approves, and attorney files form I-485 (adjustment application or "green card").

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