Labor Certification for Professors

A U.S. college or university may offer a foreign national professor an indefinite full-time position and sponsor the foreign national for permanent residence. As part of the permanent residence process, a college or university must recruit for a professor under the regular labor certification procedures or must be able to document the foreign national was selected for the job opportunity in a competitive recruitment and selection process through which the foreign national was found to be more qualified than any of the United States workers who applied for the job. Documentation of the ‘‘competitive recruitment and selection process” must include:

• A statement, signed by an official who has actual hiring authority from the employer outlining in detail the complete recruitment procedures undertaken; and which must set forth:

(i) The total number of applicants for the job opportunity;

(ii) The specific lawful job-related reasons why the foreign national is more qualified than each U.S. worker who applied for the job; and

• A final report of the faculty, student, and/or administrative body making the recommendation or selection of the foreign national, at the completion of the competitive recruitment and selection process;

• A copy of at least one advertisement for the job opportunity placed in a national professional journal, giving the name and the date(s) of publication; and which states the job title, duties, and requirements;

• Evidence of all other recruitment sources utilized; and

• A written statement attesting to the degree of the foreign national’s educational or professional qualifications and academic achievements.

Applications for labor certification for job opportunities as college and university teachers must be filed within eighteen (18) months after a selection is made pursuant to a competitive recruitment and selection process.