Perm Teaching Guidelines
Management ( PERM) for Teaching Faculty/ Filed Within 18 (Eighteen) Months of the Date of the Offer Letter
When recruiting or hiring faculty (including FEAPs) who are expected to teach, Labor Certification is the first step toward a permanent residence visa/immigrant visa (?Green Card?), if a Green card is ultimately sought. Labor Certification teaching cases receive ?special handling? which is described in the Department of Labor (DOL) rules currently codified at 20 C.F.R. Section 656.18.
Labor Certification applications for positions requiring teaching may be approved if there are no available U.S. workers who are at least equally qualified with the alien. Such applications are judged by the ?best qualifications? rather than the ?minimum qualifications?. If the alien is more qualified than U.S. workers who meet the University?s minimum requirements, the University is entitled to reject those U.S.workers and the Labor Certification may be issued to the University. The ?equally qualified? standard is to insure that quality is the criterion for hiring in the teaching profession.
IMPORTANT NOTE : The Labor Certification must be filed within 18 months of the date of the offer letter.
The Office of International Students and Scholars (OISS) will submit applications for Labor Certification to the Department of Labor upon receipt of the following documentation.
PART I: Information Required from the Department
Documentation requirements for teaching positions are consistent with normal recruitment procedures and involve little additional effort by the department. The following documentation must be provided in order for the Labor Certification petition to be initiated:
- 1. Permanent Residence Request Form
- 2. Copy of at least one PRINT advertisement placed in a national professional journal or Chronicle of Higher Education (non-electronic format). The copy must be of the entire page showing clearly the date and name of the journal/paper. If the page containing the ad does not clearly show the date and name of the journal, include a copy of the cover page of the journal/paper where this information is clearly printed. The ad must include the job title, duties, and requirements for the position. The requirements/qualifications must be spelled out without reference to a website.
- 3. A letter signed by the School Dean outlining the recruitment steps (see template here). The letter must include the following information * Summary of the original recruitment efforts, including where the original ad was placed, total number of applicants, and the job related reasons why the alien was selected and the date of selection. * Total number of applicants and the specific job-related reasons why the alien is more qualified than each U.S. citizen or permanent resident who applied. Applicants may be categorized by reasons for rejection and number in each category. Individual applicants do not need to be identified.
- 4. Final report from the body making the recommendation or selection (Recruitment Committee) of the alien.
- 5. Copy of The Search and Selection Activities Report (SSAR) signed by the WVU Executive Officer for Social Justice.
- 6. Prevailing Wage Request Form
- 7. Statement about the applicant?s educational or professional qualifications and academic achievements.
- 8.
Job Notice
on department letterhead must be posted for 10 (ten) consecutive business days on the department?s bulletin board. The posting must take place at least 30 days BEFORE the filing of the Labor Certification application.
Note: In putting together this document, please follow the language from the original ad for the job description part - 9. Evidence of other recruitment efforts.
- NOTE: The department should submit both original and electronic versions of the documentation listed under items 1, 3, 6, 7 and 8.
PART II. Information Required from the Applicant
- 1. Alien Information Sheet
- 2. Copies of Diplomas and Certificates (highest degree conferred) including transcripts. Physicians must provide copies of USMLE certificates, residency/internship/fellowship certificates and WV state license. For foreign degrees, evidence verifying equivalence to a U.S degree must be presented.
- 3. CV including date/month/year for each employment period.
- 4. Addendum to CV to include: name and address of previous employers including name of supervisor, phone number and weekly work hours.
- 5. Copies of current visa documents.
- 6. Copy of the Offer Letter confirming his or her appointment as a (name of position) following the recruitment and providing other information typical for appointment letters.
- NOTE: The applicant should submit both original and electronic versions of the documentation listed under items 3 and 4.
PART III. Final Petition Preparation
The final application will be prepared signed and submitted electronically to the U.S. Department of Labor by the OISS.
Please contact the Office of International Students and Scholars (OISS) with any questions you may have.