Key Takeaways:
- The PERM process for university professors includes a special handling option that recognizes the unique nature of academic positions.
- Special handling cases have key differences, such as a less rigorous recruitment process and an extended filing deadline for labor certification.
- The special handling PERM process involves competitive recruitment, filing the labor certification, DOL processing, and final steps for permanent residency.
Understanding the PERM Process for University Professors
When it comes to university professor immigration, the PERM process (Program Electronic Review Management) often includes a road less travelled, referred to as ‘Special Handling’ cases. Unlike the traditional PERM labor certification, which is a complex process for most employment-based green cards, Special Handling caters specifically to certain types of academic positions, such as university teachers. Obtaining a green card through employment usually requires proving there are no qualified U.S. workers for the position, but Special Handling recognizes the unique nature of academic appointments.
What is Special Handling?
Special Handling is a unique aspect of the PERM process tailored for university professors and other teaching faculty. It acknowledges that the selection of professors frequently involves considerations of a candidate’s fit with the department’s academic philosophy, teaching style, scholarship, and other intangible qualities that are hard to quantify.
Key Differences in Special Handling Cases
- Recruitment Process: Traditional PERM processing requires employers to undertake rigorous recruitment to demonstrate that no qualified American workers are available for the job. However, for Special Handling, the university only needs to show that the foreign professor was selected through a competitive recruitment process that met the Department of Labor’s (DOL) standards.
Filing Deadline: Universities have a more extended period to file the labor certification for Special Handling cases—within 18 months of the candidate’s selection for the job, as opposed to the six months for standard PERM cases.
- Degree of Scrutiny: The DOL reviews Special Handling cases under a different standard. Instead of proving that there are no able, willing, qualified, and available U.S. workers, the university must demonstrate that the foreign national was the best applicant for the position.
Steps in the Special Handling PERM Process
The Special Handling PERM process involves several steps distinct from the traditional PERM process:
- Competitive Recruitment and Selection: The university must conduct a competitive recruitment process, typically including a national professional journal advertisement.
Filing the Labor Certification: If the foreign national is selected, the university must prepare a PERM labor certification application for Special Handling and file it with the DOL’s Employment and Training Administration (ETA).
DOL Processing: The DOL will review the application to ensure the university has met all the requirements for Special Handling.
Final Steps: Upon approval, the university professor can proceed with an I-140 Immigrant Petition for Alien Worker and subsequent steps toward lawful permanent residency.
Conclusion
For university professors and institutions, understanding the nuances of Special Handling can mean the difference between a straightforward path to a green card and a complex web of immigration challenges. Special Handling cases streamline the PERM process for academic professionals, easing their journey toward permanent residency in the U.S. and enriching the country’s educational landscape with global talent.
For more detailed information on the PERM process for university professors or Special Handling cases, relevant guidance can be obtained from the Department of Labor’s website or from professional legal advice tailored to individual situations.
Navigating the intricacies of immigration laws and policies should always be done with the latest, most authoritative information. Please consult the U.S. Department of Labor’s PERM Labor Certification webpage or U.S. Citizenship and Immigration Services for the most current procedures and requirements.
And there you have it! The PERM process for university professors, with its cool twist of Special Handling. Who knew getting a green card could involve a nod to intangible qualities like academic philosophy and teaching style? If you want to dive deeper into the world of immigration and visas, head over to visaverge.com. There’s a whole treasure trove of tech-savvy immigration info waiting for you there. Happy exploring!
FAQ’s to know:
FAQ 1: What is Special Handling in the PERM process for university professors?
Answer: Special Handling is a unique aspect of the PERM process specifically designed for university professors and teaching faculty. It recognizes the unique nature of academic appointments and acknowledges that the selection of professors often involves considerations that are hard to quantify, such as academic philosophy, teaching style, and scholarship.
FAQ 2: What are the key differences in Special Handling PERM cases for university professors?
Answer: There are several key differences in Special Handling cases for university professors. Firstly, the recruitment process requires the university to demonstrate that the foreign professor was selected through a competitive recruitment process that met the Department of Labor’s standards, rather than proving that there are no qualified American workers available. Secondly, universities have 18 months to file the labor certification for Special Handling cases, as opposed to the six months for standard PERM cases. Lastly, instead of proving that there are no able, willing, qualified, and available U.S. workers, the university must demonstrate that the foreign national was the best applicant for the position.
FAQ 3: What are the steps involved in the Special Handling PERM process?
Answer: The Special Handling PERM process for university professors involves the following steps:
1. Competitive Recruitment and Selection: The university conducts a competitive recruitment process, which typically includes a national professional journal advertisement.
2. Filing the Labor Certification: If the foreign national is selected, the university prepares a PERM labor certification application for Special Handling and files it with the Department of Labor’s Employment and Training Administration (ETA).
3. DOL Processing: The DOL reviews the application to ensure that the university has met all the requirements for Special Handling.
4. Final Steps: Upon approval, the university professor can proceed with an I-140 Immigrant Petition for Alien Worker and subsequent steps toward lawful permanent residency.
Note: The FAQs have been optimized for search engines and featured snippets by incorporating relevant keywords such as “Special Handling,” “PERM process for university professors,” “key differences,” “steps,” etc.
What did you learn? Answer below to know:
- True or False: Special Handling is a unique aspect of the PERM process that specifically caters to university professors and other teaching faculty.
- What is the key difference between the recruitment process in Special Handling cases and traditional PERM processing?
a) Special Handling does not require any recruitment process.
b) Special Handling requires a rigorous recruitment process to demonstrate the absence of qualified U.S. workers.
c) Special Handling only requires a competitive recruitment process that meets the Department of Labor’s standards.
d) Special Handling requires university professors to prove they are the best applicant for the position. - What are the main steps involved in the Special Handling PERM process for university professors?
a) Competitive recruitment and selection, filing the labor certification, DOL processing, final steps.
b) Filing the labor certification, competitive recruitment and selection, DOL processing, final steps.
c) DOL processing, final steps, competitive recruitment and selection, filing the labor certification.
d) Competitive recruitment and selection, DOL processing, filing the labor certification, final steps.
