For college and universities seeking to sponsor a foreign national for labor certification the standard for labor certification is different than other occupations and the employer must show only that the foreign national is more qualified than the other applicants. The process of recruitment is less intensive than under the regular labor certification process.

Details:

Special Handling labor certification is a specific process that applies to university and college teaching positions in the United States. It simplifies the labor certification process for these positions, which is typically required for employment-based green card applications (EB-2 or EB-3 categories). The process is designed to make it easier for educational institutions to sponsor foreign national teachers for permanent residency. Here are the key steps in special handling filings for university and college teachers:

1. Determine Eligibility:
   • To be eligible for special handling, the position must be a full-time, tenure-track, or tenure-eligible teaching position at an accredited U.S. college or university.
2. Recruitment Process:
   • The university or college must conduct a competitive recruitment process to test the U.S. labor market and demonstrate that no qualified U.S. workers are available for the position.
   • The recruitment process typically involves advertising the job in appropriate venues, such as academic journals or websites, and inviting qualified candidates to apply.
3. Recruitment Report:
   • After the recruitment process, the university or college must document the results in a recruitment report. The report should detail the recruitment methods used, the number of U.S. applicants, and the reasons for not selecting any U.S. candidates.
   • The university or college must also demonstrate that the foreign national teacher is qualified for the position.
4. Filing the ETA Form 9089:
   • The university or college must file the Application for Permanent Employment Certification (ETA Form 9089) with the U.S. Department of Labor (DOL). In this case, special handling is requested by marking the appropriate box on the form.
5. DOL Processing:
   • The DOL will review the ETA Form 9089 and supporting documentation to ensure that the university or college has met the special handling requirements.
   • If the DOL approves the labor certification, it will be sent to the university or college, and they can proceed with the employment-based green card application on behalf of the foreign national teacher.
6. Adjustment of Status or Consular Processing:
   • Once the labor certification is approved, the foreign national teacher can either apply for Adjustment of Status (if in the U.S.) or go through consular processing (if outside the U.S.) to obtain their green card.

It’s important to ensure that the special handling requirements are met and that the recruitment process is conducted in accordance with the regulations. Proper documentation and adherence to the recruitment steps are critical for a successful special handling filing.