Office of the Provost
Special Handling for Labor Certification Applications for College or University Teachers
The Immigration and Nationality Act provides distinct tests for job offers as college and university teachers. The statue permits the employer to reject applications for the job from qualified U.S. workers who are less qualified than the alien. Not all faculty-level or professional rank jobs are considered teachers. Faculty members who do not teach are excluded from this provision. The employer must show that the alien was selected by a process through which the alien was found to be more qualified than any of the U.S. workers who applied for the job. As long as the employer submits adequate documentation of such a competitive recruitment and selection process, the employer need not make the recruitment efforts normally required for Labor Certification.
To document a competitive recruitment and selection process, the employer must submit the following:
- A statement, signed by an official with actual hiring authority, outlining, in detail,
the complete recruitment procedure. This statement must also include:
- The total number of applicants responding.
- The number of all U.S. workers given serious consideration for the job offered the alien.
- The specific reasons why the alien is more qualified than all the U.S. workers who applied for the job; and
- A final report of the faculty, student, and/or administrative body making the recommendation or selection at the completion of the competitive recruitment and selection process, including the exact date the alien was selected for the position.
- A copy of at least one print advertisement for the job, placed in a national professional journal, giving the name and the date(s) of publication; the job title, duties, and requirements.
- Evidence of all other recruitment sources utilized; stating the results of such recruitment, must also be submitted.
- List of names of all candidates grouped by reasons they were not selected (or some other documentation of why the selected candidate was more qualfied than each U.S. candidate. (Copies of all C.V.' s from the search should be maintained in the departmental office for at least five years per Department of Labor regulations.)
- A written statement attesting to the degree of the alien’s educational or professional qualifications and academic achievements.
- Copies of letters of recommendation submitted on the alien’s behalf.
- Copies of the resumes of candidates who were not chosen for the position.
- Copies of the AA Forms completed for the search.
In addition, the alien must submit evidence of his/her qualifications for the position such as:
- Copies of diplomas earned in the field related to position
- Copies of publications or proof of professional creative research
- Copy of resume/CV
- Any other evidence of professional or academic qualifications, such as awards