PERM Labor Certification Special Handling
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).
Requirements
Steps
In order for a labor certification to be filed under PERM, the following steps must be taken:
- Submit request form to the OISS
- 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
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
- Submit request to OISS
- Upon approval, OISS will notify department and beneficiary
- OISS will request beneficiary to select a university approved attorney
- OISS will notify attorney of approval and begin the process
- Attorney drafts labor certification and submits to OISS for review
- Upon approval, attorney files labor certification with DOL
- Upon certification, attorney prepares and submits form I-140 (immigrant petition) to OISS
- OISS reviews and signs the I-140
- Attorney submits to US Citizenship and Immigration Service (USCIS)
- USCIS approves, and attorney files form I-485 (adjustment application or "green card")