EB-2 PERM Labor Certification Special Handling Job Posting Information
The PERM Special Handling process requires the employer to attest under penalty of perjury that it has fulfilled the following rules which may be considered a checklist to use before posting the advertisement for the professor position:
- Provides an offer of full-time employment;
- Will advertise the offered position in at least one national professional journal (electronic posting is permitted and/or hard copy journal advertising), which states the job title, duties and requirements;
- The job offered must adhere to the terms of the national advertisement and if there are preferences indicated, they must be stated as requirements on the applications for prevailing wage determination and on the labor certification application;
- When submitting a Special Handling PERM, the employer is attesting that:
- The wage offered will equal or exceed the prevailing wage from the time the alien begins work or from the time the alien is admitted to take up the certified employment;
- The employer's job opportunities are not contrary to federal, state or local law;
- The employer must attest that there is a job opportunity that has been and is clearly open to any U.S. worker; and
- Brandeis must be able to show evidence that the professor qualifies for the stated required education and any experience, or special requirements indicated in the advertisement via a committee that has been convened to review the candidates. The professor selected must be shown via committee notes to be the most qualified candidates versus any U.S. candidates that applied (U.S. citizens; U.S. permanent residents; refugees; asylees).
In summary, if U.S. DOL audits an application, Brandeis will have to submit its proof that the position was posted in a national advertisement, the notes from the hiring committee to evidence how the foreign national was determined to be the most qualified candidate, and that the professor meets the requirements listed for the position.
(Iandoli, Desai, Cronin P.C.)