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Professors, instructors, and lecturers at any post-secondary educational institution may be eligible for an expedited type of labor certification application called "Special Handling." Special Handling grew from a 1976 congressional amendment to the Immigration and Nationality Act[1]. The Congressional committee report notes that Congress was: particularly troubled by the rigid interpretation of this section of law as it pertains to research scholars and exceptional members of the teaching profession. More specifically, the Committee believes that the Department of Labor has impeded the efforts of colleges and universities to acquire outstanding educators or faculty members who possess specialized knowledge or a unique combination of administrative and teaching skills.
Just as with regular PERM cases, the Department of Labor oversees the PERM Special Handling process. However, for postsecondary teachers, the school does not have to show that there are no U.S. workers available for the job (almost impossible for academic jobs), only that the employee was hired via a competitive recruitment and selection process. Applications for Special Handling MUST be submitted to the Department of Labor within 18 months of the date of selection, usually the date of the offer letter. If the 18 month deadline has passed, the college has the option of running a new ad that meets the Department of Labor's requirements, and reselecting the employee as the most qualified candidate for the position. Employers must be able to document that at least one advertisement in a national professional journal was placed for the position and that notice was provided internally to employees or to the union representative.
A selection committee report, a recruitment summary, and a statement of qualifications are required. This category is an excellent option for academics who do not qualify for the Outstanding Researcher or other employment-based categories, or who may not want to go through the effort of preparing a research portfolio. Guidelines for Colleges and Universities Running Ads That May Be Used for Special Handling: 1. For teaching positions, the strict deadline to file is 18 months after the date of selection.
2. Make sure at least one form of advertising is in print (national journal for teaching position). If not in print, electronic or national, professional journal advertisements must be posted for at least 30 calendar days on the journal's website. Employers can document the start and end dates of the advertisement placement and the text of the advertisement by printing a copy of the advertisement from the journal's website on the first and last day of posting.
3. Save copies of all ads. The copy of the tear sheet must contain the name of the publication and the date published.
4. If you may be hiring more than one person, put “Multiple Positions Available” in the ad.
5. Include classroom teaching in the ad.
6. Think about the minimum requirements: would you hire someone with less? Have you had someone in the position before with less? For example, if a job for a professor requires a Ph.D. but you would hire someone who is ABD, put Ph.D. or ABD in the ad. The individual must be qualified for the job described in the ad at the time of selection. 7. DOL regulations do not require that the ad be very long or detailed. The ad must contain the job title, teaching duties, requirements, work location, employer name, and specific address to send applications. 8. Keep copies of all resumes submitted, and all affirmative action paperwork. 9. If you use the word “preferred,” the Department of Labor will treat the preferences as requirements. Please note that the Department of Labor revised their regulations in 2011, which required having a print ad for the application. DOL's FAQ on the subject reads:
"6. Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under 20 CFR 656.18, Optional special recruitment and documentation procedures for college and university teacher?
Yes, an employer may use an electronic or web-based national professional journal to satisfy the provision found at 20 CFR 656.18(b)(3), which requires use of a national professional journal for advertisements for college and university teachers. The electronic or web-based journal's job listing must be viewable to the public without payment of subscription and/or membership charges. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website. Documentation of the placement as an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement. August 31, 2011" Uniqueness of the labor certification recruitment requirements:
There are many ways that the recruitment for labor certification may differ from traditional recruitment for companies and universities. We understand that this process may be new to employers, and we are happy to discuss the requirements at any time.
1. H.R. Rep. No. 94-1553, 94th Cong., 1st Sess., U.S. Cong. and Adm. News (1976) 6083, discussed in Dearborn Public Schools, 91-INA-222, 5 (BALCA Dec. 7, 1993) (en banc) (available online at http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/BALCA_DECISIONS/INA/1991_00222.INA.PDF; last accessed Sep. 25, 2011).
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PERM Labor Certification 
