PERM SPECIAL RECRUITMENT FOR UNIVERSITY TEACHERS

On December 27, 2004, the Department of Labor (DOL) published regulation for the permanent employment of aliens, alien labor certification, Program Electronic Review Management system (PERM). PERM changes the name from “Special Handling” to “Optional Special Recruitment and Documentation Procedures” for professors at universities, colleges, and other institutions of higher education.

Typically, actual selection process of a university professor is completed about 6 months before the professor graduate in his or her student F-1 status, or 6 months before the professor’s optional practical training (OPT) expires, or 6 months before H-1 transfer filed. If universities files PERM immediately after the selection, nonimmigrant visa, such as H-1B or H-1 may be obviated. Since once PERM is certified within a couple of weeks (based on our experience), immigrant petition I-140 and adjustment of status I-485 can be filed concurrently a few months before the professor starts to work for the university. However, not every country’s nationals are eligible for this EB-2 concurrent filing, depending on whether the visa numbers are current or not.

 A. Institutions can file PERM special recruitment

1. colleges and universities, including junior or community colleges which award associate degrees which can be credited toward a baccalaureate degree at another college or university, and

2. in Alaska, including primary and secondary school teacher.

B. Position qualify for special recruitment (positions in classroom teaching)

1.      professor,

2.      associate professor,

3.      assistant professor,

4.      instructor,

5.      lecturer, and

6.      teacher.

C. Legal requirements for special recruitment

1. the foreign professor must be more qualified than U.S. worker who applied the job: university needs to have a statement or report to outline the complete recruitment procedure in detailing total number of applicants, and specific reasons why the alien is more qualified. Also, a final recommendation from university administration

2. university’s recruitment included a national professional journal: such as Chronicle of Higher Education. All web-based or electronic journal is not qualified. At least one printed journal is necessary.

3. PERM should be filed within 18 months of the alien’s selection: formal selection date usually can be found from the offer letter

If the above requirements are not satisfied, the alien needs to file immigrant petition through other manners, such as Outstanding Professor, National Interest Waiver, or regular PERM.

University professor got green card in 3 months

大學教授的 PERM 勞工證

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