Checklist for Evaluating Eligibility for Foreign National Employee Status - EB2 Special Handling
Academic Field
Does the field in question qualify as an academic field (i.e., a “body of specialized knowledge offered for study at an accredited United States university or institution of higher learning”)
Permanent Employment
Is the employment in question permanent (i.e., “tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is a good cause for termination”)?
Recruitment
The Dean of each school ensures that Brandeis engages in recruitment efforts that satisfy the Department of Labor’s requirements for sponsorship in this EB category. The Dean must retain documentation relating to the posting of the electronic job advertisement or print advertisement in a professional journal.
The chosen candidate for the position must have been:
- Selected through a competitive national search process, and
- Found to be the most qualified candidate for the position (special handling)
If any of these requirements were not met, the standard labor certification process regulations apply, meaning, the employer must initiate a new national search to sponsor the employee in this category
Salary
The ISSO selects outside legal counsel to submit a request to the Department of Labor to determine the prevailing wage for the employee (Form ETA-9141)
Labor Conditions Application for Nonimmigrant Workers (Form ETA-9035)
Legal counsel submits a Labor Conditions Application for Nonimmigrant Workers (Form ETA-9035) to the Department of Labor. Once certified, Brandeis may file the Immigrant Petition for Alien Worker (Form I-140).
Department of Labor Certification and the 18 Month Rule
The application (Form ETA 9035) must be filed with the DOL within 18 months of the selection process (the date the employee received the job offer from Brandeis).