Permanent Residence through PERM Labor Certification Special Recruitment Application
Pursuant to Department of Labor (DOL) regulations, a college or university may apply for a labor certification for a college and university teacher if it is documented that the employee 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' trade; workers who applied for the job. Specifically, documentation of the competitive recruitment and selection process must include:
- A statement signed by an official who has hiring authority outlining the complete recruitment procedures including: (i) the total number of applicants for the job opportunity; (ii) the specific lawful job-related reasons why the alien is more qualified than each U.S. worker who applied for the job.
- A final report of the faculty, student or administrative body making the recommendation or selection of the foreign national, at the completion of the recruitment process.
- A copy of at least one print advertisement for the job opportunity placed in a national professional journal.
Note that the Special Recruitment PERM application must be filed with the DOL within 18 months of your selection for the job. Therefore, it is imperative to complete all required steps as soon as possible to ensure a timely submission.
Once the PERM application is filed, the DOL will certify the position after it has confirmed that the college or university has correctly completed the competitive recruitment and selection process. Upon filing, it will take DOL up to 12 months to adjudicate the application. An audited application will require more than the standard processing time for adjudication.
Upon approval of the PERM application, the employer will be required to file an I-140 Immigrant Visa Petition with the U.S. Citizenship and Immigration Services (USCIS). Lastly, you may submit your Application to Adjust Status to U.S. permanent residence if there is no immigrant visa backlog in your preference category. Alternatively, you may seek immigrant visa status by applying at the U.S. Consulate or Embassy in your home country.