Curran & Berger

Professors, instructors and lecturers at any post-secondary educational institution may be eligible for an expedited type of labor certification application called "special handling." The Department of Labor does not require the college to show that there are no U.S. workers available for the job (almost impossible for academic jobs), only that the employee was hired via a competitive recruitment and selection process. Applications for Special Handling MUST be submitted to the Department of Labor within 18 months of the date of the offer letter. Employers must be able to document that one print advertisement in a national professional journal was placed for the position and that notice was provided internally to employees or to the union representative.

The requirements for Special Handling cases for college and university teachers remain the same under the new PERM system.
A selection committee report and statement of qualifications is required and maintained in the PERM compliance file.

This category is an excellent option for academics who do not qualify for the Outstanding Researcher or other employment-based categories.

Guidelines for Colleges and Universities Running Ads That May Be Used for Special Handling: 

1. Contact an immigration attorney early to increase the chance of being able to use the ads already run.  For most positions, the ads expire after 6 months, and it takes at least 3 months to do the other fiings, supplemental ads and postings.  For teaching positions, the strict deadline to file is 18 months after the date on the job offer letter.
   
   
2. Make sure at least one form of advertising is IN PRINT (national journal for teaching position, 2 Sundays in regional newspaper for other positions).  Internet ads will not work.
   
   
3. Save copies of all ads.
   
   
4. If you may be hiring more than one person, put "Multiple Positions Available" in the ad.
   
   
5. If there is ANY classroom teaching involved, put that in the ad (and in the job title if possible).
   
   
6. Think about the minimum requirements - would you hire someone with less?  Have you had someone in the position before with less?  For example, if a job for a professor requires a Ph.D. but you would hire someone who is ABD, put Ph.D. or ABD.  The individual must be qualified for the job described in the ad at the time the ad runs.
   
   
7. The Green Card regulations do not require putting the requirements in the ad, or that ad be very long or detailed.  Try to leave out the obvious requirements.  The job must be described with job title, location, and a specific address to send applications.
   
   
8. Requirements listed in the ad must ALSO be in the job duties, even though this sounds redundant.  For example, "Computer Support Specialist needed to operate LINUX system.  2 years of experience operating LINUX systems required."
   
   
9. Keep copies of all resumes submitted, and all affirmative action paperwork.
   
   
10. Do not use the word "preferred" - that does not work on the Department of Labor forms.   Also, try to keep out requirements that are not objective such as "team player".