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Permanent Labor Certifications for Faculty Positions
This information is intended for administrators who work with CIE on permanent residence cases which involve filing labor certifications with the Department of Labor (DOL). A Labor Certification is a “finding by the DOL that there are not sufficient U.S. workers in the geographic area of employment who are able, willing, qualified and available to do the job in question, and that the employment of an alien will not adversely affect the wages and working conditions of similarly employed U.S. workers” (NAFSA Adviser’s Manual 2005 release). This is the first of three steps used in filing for U.S. permanent residence for faculty/teaching positions in the profession with an advanced degree. This information does not apply to permanent residence cases in the "outstanding professor/researcher category.”
PERM is the system used to file Labor Certifications. PERM (Program Electronic Review Management) is an on-line attestation-based system that will be approved, denied or selected for audit within 45-60 days of submission according to the Department of Labor. PERM does not require submission of recruitment documentation at the time of filing. By using PERM, form ETA 9089 will be completed which replaces form 750 A & B. If you wish to review form ETA 9089, go to http://www.plc.doleta.gov/eta_start.cfm. Labor Certifications must be filed within 18 months a selection has been made to be eligible for “special handling.” If the filing is not made within 18 months a new search must be conducted following the Department of Labor’s basic process.
Before submitting the ETA 9089, the employer must have completed the following:
- Submit the form “Prevailing Wage Request to File Labor Certification” to CIE, Garland Hall, Room 138.
- Obtain a copy of the Prevailing Wage determination
- A statement signed by an official who has actual hiring authority from the employer, outlining in detail the complete competitive recruitment procedure undertaken, and which sets forth:
- The total number of applicants for the job opportunity, and
- The specific lawful job-related reasons why the alien is more qualified than each U.S. worker who applied for the job
- A final report from the faculty, student, and/or administrative body making the recommendation or selection of the alien, at the completion of the competitive recruitment and selection process
- A copy of at least one print advertisement for the job opportunity placed in a national professional journal, giving the name and the date(s) of publication, and which states the:
- job title,
- duties, and
- Evidence of all other recruitment sources utilized
- A written statement attesting to the degree of the alien’s educational or professional qualifications and academic achievements. (Non U.S. degrees should have a professional credential evaluation kept on file to prove the equivalency to the required U.S. benchmark)
- Documentation demonstrating that an internal notice of the job opportunity was posted for at least 10 business days.
Please note: If your department, laboratory, or center posts job ads electronically on an internal website (intranet), you will now be required to post an additional notice of filing electronically on that site, and provide proof of having done so. [The general UWM Human Resources web site and job listings are not considered internal, as they are accessible to the public outside UWM.] This means that the department, lab, or center will need to scan the notice of filing and post it electronically for 30 days.
In the event of an audit, the school or college has 30 days to respond. Please contact Legal Affairs immediately if a Labor Certification is selected for audit. Failure to respond may result in Department of Labor oversight of all recruitment for 2 years.