Memo Re: Special Handling
A university or college may apply for a labor certification to employ a foreign national as a college or university teacher under the "special handling" rules of the U.S. Department of Labor.
When must it be filed?
The special handling must be filed within 18 months after the selection is made pursuant to a competitive recruitment process. Accordingly, please contact us well in advance of the end of the 18 months.
What documents are required?
The employer must show that the foreign national was selected pursuant to a "competitive recruitment and selection" process. The employer demonstrates this by signing a statement (to be prepared by True, Walsh & Miller) containing the elements described below. Please provide:
Total number of applicants for the job opportunitySpecific lawful job-related reasons why the foreign national is more qualified than each U.S. worker who appliedA final report of the faculty or administrative body making the recommendation or selection of the foreign nation at the end of the competitive recruitment and selection process
In addition, please provide at least 1 advertisement for the job placed in a national professional journal (usually the Chronicle of Higher Education), giving the name and date(s) of publication, and stating the job title, duties, and requirements.
Finally, please complete in full our standard labor certification questionnaire and return with all the items listed on the back of the questionnaire.
How long does the process take?
The special handling labor certification filing generally takes much less time than ordinary labor certification applications and "reduction in recruitment" (RIR) filings. However, the processing times vary greatly depending on the state department of labor with which the application is filed and the particular backlog rate of that office.
If you have any additional questions, please contact us.