Special PERM Handling, Explained
Optional special recruitment for college and university teachers
What Is Special PERM Handling?
Special PERM Handling, also known as Optional Special Recruitment, is a labor certification process exclusively available to U.S. colleges and universities hiring foreign nationals for teaching roles. While similar to the standard PERM process in requiring a test of the U.S. labor market, Special PERM Handling allows institutions greater flexibility in selecting the best-qualified candidate rather than only considering minimally qualified U.S. workers.
Requirements
- Position Criteria: The job must be a college or university teaching position.
- Recruitment Timeline: A competitive recruitment and selection process must have been conducted within 18 months of filing the labor certification application.
- National Advertisement Requirement: The position must have been advertised in a national professional journal relevant to the field, specifying job title, duties, and requirements.
- Detailed Recruitment Report: The employer must provide a statement, signed by an authorized official, describing the recruitment process, the total number of applicants, the specific job-related reasons the foreign national is better qualified, and a summary of the foreign national’s qualifications.
- Prevailing Wage Determination and Notice Requirements: Similar to the standard PERM process, the institution must obtain a prevailing wage determination from the Department of Labor (DOL) and post a notice of the job opportunity to all employees.
Benefits of Special PERM Handling
- Utilization of Prior Recruitment Efforts: Institutions may use a previously conducted competitive recruitment process (e.g., the one used to hire the faculty member) as the basis for the PERM application.
- Higher Hiring Standard: The institution can use a “more qualified” standard, allowing it to justify hiring the foreign national over other applicants based on qualifications, which is especially valuable in academic fields that demand specialized expertise.
- Streamlined Process: By leveraging past recruitment and using the higher standard for selection, institutions can often file labor certifications more efficiently compared to the regular PERM process.
How does Special PERM Handling differ from standard PERM?
Special PERM Handling focuses on hiring the most qualified candidate, allows for use of prior recruitment efforts, and requires only one national advertisement, making it generally less time-intensive than standard PERM.
Special PERM Handling Process
- Confirm that the original recruitment and selection meet the criteria for Special PERM Handling.
- File ETA Form 9089 (PERM application) with supporting documents demonstrating that the foreign national was the most qualified candidate.
- Obtain a prevailing wage determination from the DOL and fulfill the notice requirement by posting the job opportunity for current employees.
The 18-Month Window
Special PERM Handling applications must be filed within 18 months of the date the foreign national was selected through a competitive process. Missing this deadline means the institution may need to re-advertise or go through the regular PERM process.
Common Mistakes
- Missing the 18-Month Filing Window: Filing outside the required 18-month period after completing recruitment disqualifies the institution from using Special PERM Handling, necessitating a new recruitment process or reverting to standard PERM.
- Incomplete Recruitment Documentation: Inadequate records of the recruitment process, such as missing a national journal advertisement or a detailed recruitment report, can lead to application delays or denials. Ensure all required documentation is accurate and complete.
- Applying for Non-Teaching Positions: Special PERM Handling is specifically for teaching roles. Attempting to use it for non-teaching positions can lead to application rejection and delays in processing.
- Misuse of “More Qualified” Standard: Institutions sometimes fail to provide clear, job-related reasons why the foreign national is more qualified than U.S. applicants. Without detailed support, the application may face greater scrutiny.
- Overlooking Prevailing Wage and Notice Requirements: Even with Special PERM Handling’s streamlined process, obtaining a prevailing wage determination and fulfilling the notice posting requirement is still mandatory. Missing these steps can invalidate the application.
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Special Handling PERM FAQs
Only college and university teaching positions qualify, as they are held to a “best qualified” standard rather than the “minimally qualified” standard required in the regular PERM process.
Yes, as long as the recruitment and selection process was completed within the past 18 months and included a national advertisement.
The report should include details on the recruitment process, total applicants, specific reasons the foreign national was better qualified, and a signed statement from an official affirming these details.
No, they would either need to restart the recruitment or go through the standard PERM process, utilizing the “more qualified” standard if applicable.