EB-2 PERM Labor Certification Special Handling
This process is best suited for tenure-track faculty who have little to no experience or limited publications. Sometimes due to processing times of the Adjustment to Status, this can be advantageous for experienced faculty as well.
The intent of the Special Handling rule is to allow colleges and universities to acquire outstanding educators or faculty members who possess specialized knowledge or a unique combination of administrative and teaching skills. As a result, PERM Special Handling was created to allow colleges and universities to sponsor foreign nationals as permanent employees in teaching positions, as long as the foreign national is deemed best qualified for that position (Iandoli, Desai, Cronin P.C.)
This LPR process first requires the employer to apply to the Department of Labor (DOL) for prevailing wage as well as a Labor Certification before submitting the petition for LPR to USCIS. Each process takes around 4-5 months. To obtain DOL approval, the employer must demonstrate that it meets DOL salary requirements and that it followed hiring guidelines and considered qualified U.S. workers for the position. While any new faculty member can elect this process, the employer must file the I-140 within 18 months of the date the offer of employment was extended to the employee. This means that Brandeis must file the Prevailing Wage and Labor Certification with the department of Labor within the first few months of employment in order to meet this deadline.
The Labor Certification Application process is primarily reserved for tenure-track faculty positions for which:
- The chosen candidate for the position was selected through a competitive national search process
- Candidate was found to be the most qualified candidate for the position (special handling)
- The application is filed within 18 months of the selection process.
- Documentation relating to the posting of the electronic job advertisement or print advertisement in a professional journal.
If any of these requirements were not met, the standard labor certification process regulations apply.