Labor Certifications may be advantageously processed under special procedures available to “college and university teachers” if:
- The applicant is selected for the job as a result of a competitive recruitment and selection process; and if
- he/she is found to be more qualified than any U.S. workers who applied for the position, and
- the Application is filed within eighteen months of his/her “selection.”
In order to take advantage of this process, the following documentation must be prepared to support the Application, in the event it is selected for audit by the Department of Labor:
1. A statement which will be signed by an official with “actual hiring authority” which includes the following information:
- a. a complete description of the recruitment procedure, including information about advertisements placed and the nature of other steps taken in the attempt to fill the position;
- b. the total number of applicants responding;
- c. the specific, lawful, job-related reasons why the applicant is more qualified than each U.S. worker who applied for the position;
2. A final report of the Search Committee which recommended the selection of the Applicant at the conclusion of the search.
3. A copy of at least one advertisement for the position in a national professional journal.
4. Evidence of all other recruitment sources utilized.
5. A written statement describing the academic background and qualifications of the Applicant.
Our office will draft the statements described in paragraphs (1) and (2) once we have been supplied with the information documenting the search. We will also draft the Application For Labor Certification (Form ETA 9089) for review by the employer before it is filed electronically with the Department of Labor.
Faculty Search Labor Certification Checklist
In order to prepare the necessary paperwork to file a Labor Certification based on a Faculty Search we need the following documents and information:
- Job Description/Requirements
- The specific academic subject matters the applicant will be expected to teach and conduct research in.
- A brief statement of the requirements (degree-experience-special expertise) sought for this particular position.
- Period of time in which the search took place.
- Names of any publication (and date of publication) where the advertisement appeared (a copy of at least one advertisement placed in a professional publication must be provided)
- Name, date, and location of any professional conferences or career fairs where recruiting took place.
- Whether a “search letter” was sent to appropriate institutions and if so, approximate number of letters sent.
- Any other recruitment steps taken.
- Name, title, and contact information (including email) of official designated to sign Labor Certification, Immigrant Visa Petition and other required forms.
- Name, title, and contact information (including email) of official with “actual hiring authority” who will sign main supporting letter (to be drafted by our office) which summarizes the overall search campaign.
- Name, title, and contact information (including email) of Chair of Search Committee.
- Names and titles of other faculty members serving on the Search Committee organized to recruit for this position
- Name, title, and contact information of a faculty member familiar with the individual who will be asked to prepare a brief letter discussing his qualification for the position.
- The total number of applications received for this position.
- Brief but specific reasons why each U.S. worker who applied for the position was deemed less qualified than the Applicant
- The number of finalists given “serious consideration” for the position.
- The number of candidates ultimately interviewed for the position.
- A brief description of the interview/screening process for finalists.
- Date of job offer to applicant.
- Documentation Required from Employer
- Copies of advertisements
- Copy of search letter (if any)
Documentation Required from Applicant
- Copies of all educational documents (college and above), including diplomas, and transcripts if readily available. If diploma is not readily available, applicant must provide confirmation of completion of university degree from an authorized university or college official. Also, please provide translations for all pertinent foreign language document
- Copies of both sides of Form I-94 for yourself and any dependent family members
- Copies of I-20 (for F-1 students) and/or Forms IAP-66 or Forms DS-2019 (for J-1 Exchange Visitors)
- Copies of all passports (current and expired) for yourself and any dependent family members, including copies of any U.S. visas, visas for other countries, and entry and exit stamps
- Copy of any previously conducted formal credential evaluation
- Copy of offer letter
- Copies of all previous Approval Notices (I-797 or I-171C)
- Copies of previous H-1B support letters (if available)
Copies of any correspondence from the CIS, U.S. State Department, Labor Department, or U.S. Information Agency (USIA)