International Center

Step 1: Permanent labor certification

Permanent labor certification sometimes is required by the Department of Labor (DOL) for an employer to hire a foreign worker to work permanently in United States. In these instances, before the employer can submit an immigration petition to U.S. Citizenship and Immigration Services (USCIS) for employment of a foreign worker, approved labor certification must be obtained from the DOL.

The labor certification attests that there are no U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The regulation governing labor certification is found in INA §212 (a)(5)(A).

The Program Electronic Review Management System (PERM) was instituted in 2005 by the DOL to enable employers to file labor certifications online. The legislation implementing PERM was published in 69 Fed. Reg. 77326 , (Dec. 27, 2004), and it became effective in March 2005. The date labor certification is filed in PERM is known as the filing date by the Department of Labor and as the priority date by USCIS.

In order to file the permanent labor certification in PERM:

• The job must be a full-time, permanent position.
• The employer must have a bona fide job opening available to U.S. workers.
• The job requirements must correlate with what is customarily required for the occupation in U.S., and it may not be tailored to the foreign worker.

Once the labor certification has been approved by the DOL, the employer may file the form I-140 (Petition for Alien Worker) with the appropriate USCIS center. The priority date is extremely important in the process of adjustment of status. Every month, the Department of State publishes a visa bulletin containing the priority dates currently being processed by USCIS.

Special handling for university teachers

The DOL recognizes the need for college and university teachers in the U.S., and it has modified the requirements related to recruitment and documentation standard to allow for an employer to select a foreign worker if he or she is more qualified than any other U.S. worker for the job. The employer may choose to use the results of the competitive recruitment that let to the selection of the employee, as long as the labor certification is filed within 18 months from the date the foreign worker was selected.

The three main requirements of an effective labor certification for teaching faculty (20 C.F.R. §656.18):

1. The employer must have placed at least one advertisement for the job opportunity in a national professional journal.
2. The foreign worker must have been selected as part of a competitive selection and recruitment process through which he/she was found to be more qualified that any U.S. workers who applied for the job. The employer must maintain clear and detailed records of the recruitment process
3. The time limit for filing is within 18 months after the selection was made pursuant to the competitive recruitment (usually the date on the job offer).

Once the labor certification is approved, it must be signed both by employer and the foreign worker in order to be valid. The next step is filing the I-140 (Petition for Alien Worker).

An audit file with the supporting documentation required for filing the labor certification online will be kept at the place of the employer (in this case the MU International Center) for a period of at least five years from the date the employer files the application.

The department representative and beneficiary will be contacted through Immigration Tracker, our case-management system. The email messages will contain instructions regarding documents and information needed.

Documents needed from the department

The following documents are needed from the hiring department after the selection process has been completed (20 C.F.R. §656.18):

1. Selection committee report: a statement signed by the department chair outlining in detail the complete recruitment procedure and providing:
   1. the total number of applicants for the job opportunity and
   2. the specific lawful job-related reasons why the alien is more qualified than any other U.S. worker who applied for the job.
2. Faculty recommendation report: a letter from the selection committee that made the recommendation.
3. Copies of advertisements placed in professional journals for the position. These copies should include both the ad and the title, the issue number and date of the journal.
4. Information and documentation related to any other recruitment efforts, including letters sent to other institutions, electronic postings in journals and postings during national conferences in the field of specialty.
5. A letter from the department head attesting to the educational qualifications and academic achievements of the beneficiary
6. Copies of the job notice posted for 10 business days in two conspicuous places in the department. The International Center will provide the notice to the department.
7. The offer letter.
8. OARS reports for:
   1. individual reasons for applicant non-selection and
   2. position search committee.

Documents needed from the beneficiary

1. Proof of degree (PhD).
2. Letters from previous employers verifying professional experience.
3. Transcripts of all awarded graduate degrees.
4. Photocopies of all stamped pages of beneficiary's passport, including most recent I-94.
5. Address overseas, including home phone number.
6. U.S. address, including home phone number with cell pohne number and pager, if applicable.
7. Social Security number (we do not need a copy of the card).
8. Documentation of any prior or current U.S. immigration status documents, such as Form I-797, I-20, IAP-66 or DS-2019.
9. Current résumé.
10. Documentation of spouse's nonimmigrant status and stamped pages of spouse's passport.