Labor Certification - Special Handling for University and College Teachers
Position and Search Requirements
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Employment must be located in the United States
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Position must be full-time and permanent:
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Permanent refers to a position that does not have a definite termination point defined either by a date or the completion of a project or assignment, is not seasonal or intermittent, and is not presently intended or contemplated by the employer that the employment will definitely end at some specified date in the future, such as at the completion of grant-funded research.
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Must be a bona fide job opportunity:
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A real job must be open for which the employer is willing to hire an available, qualified U.S. worker.
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Employer must intend to hire the employee permanently; employee must intend to remain in the job permanently.
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Available only to those whose position will involve actual teaching in a classroom, laboratory, or clinical setting.
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Allows employer to choose the best qualified candidate for the position
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Must be filed within 18 months of selection date
General Procedure
The department MUST work directly with the appropriate ISSS advisor during each step of the labor certification filing to insure that each step meets the regulatory guidelines. Begin by following procedures established by Emory University and the particular school in recruiting faculty. Please note that recruiting efforts must include a print ad for which you have kept an original tear sheet. You can begin the permanent residency process once the search has been completed and a job offer has been made and accepted.
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Gather the documentation listed below (aside from the posting notices), and submit it to ISSS. We will review it for completeness and accuracy, ensuring that the candidate meets the qualifications outlined in the job description, etc.
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Once the documentation has been approved, request a Prevailing Wage Determination from Human Resources. Please inform HR that the ETA 9141 must be processed for Permanent Residency through PERM. Contact HR for the necessary ETA 9141 form.
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ISSS will create the electronic and hard copy posting notices. We will submit the electronic notice to HR and the hard copy notice to you, with instructions on how and when to post the notice. Please follow the instructions carefully. If it is not posted for the required length of time, we will need to repeat the posting, which will delay the process.
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Once the posting notice has been removed, return it to ISSS. We are required to wait for 30 days before we can file the labor certification.
Documentation Requirements
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For Emory College recruitment: copies of the following documents:
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Emory College Recruitment Plan for Affirmative Action
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Emory College Job Search Report
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Equal Opportunity Programs Search Activity Report (signed and approved by the Equal Opportunity Programs Office)
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For all other schools:
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Equal Opportunity Programs Search Activity Report (signed and approved by the Equal Opportunity Programs Office)
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Any other job search reports normally generated in a faculty recruitment process.
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A detailed description of the recruitment procedure, signed by the chair of the search committee, to include the following:
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The total number of applicants who applied for the job opportunity,
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The detailed steps taken for the recruitment, such as where and when recruitment ads were placed, how many applications were received, how many applicants were selected for interviews and how these were screened, procedures followed during the interview process, and
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The specific lawful job-related reasons why the foreign national is more qualified than each U.S. work who applied for the job. Departments should create a chart to record the total number of applicants and the specific job-related reasons why the foreign national is more qualified that each U.S. worker who applied.
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An original tear sheet of at least one advertisement for the job placed in a national professional print publication. The name of the journal and the date should be shown on the page with the ad; otherwise, please submit the entire publication.
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Copies of any additional recruitment efforts undertaken, with detail as to where and when the ads appeared.
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An updated resume/CV . Please read requirements carefully, as it may include elements not normally found in a standard resume. It must include:
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current residential address
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residential address outside the U.S
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date of birth; country of birth; and country of citizenship
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colleges/universities attended with complete address of institution (street address, city, province/state, country and postal code), dates of attendance(month/year), and type and date (year) degree earned, if any;
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statement of work history to include:
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title of position held,
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name of employer, complete mailing address of employer, phone number of employer
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dates of employment (month/day/year)
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name of supervisor
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immigration classification while employed (if in the U.S.), and
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job details to include duties performed, use of tools, machines, equipment, skills, qualifications, certifications, licenses, etc.
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list of all publications, presentations, memberships in societies and associations, and any prizes or awards granted
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Proof of Qualifications. If you sent any of these for the H-1B petition, you do not need to send them again.
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Copy of degrees, academic record, transcripts, etc.
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Copy of letters of recommendation.
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Copy of up to three recent publications related to the specific area of the academic field for which employment has been offered/granted.
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Copy of prizes or awards granted for scholarly work.
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Licenses, certifications or other documentation required to prove qualifications for the position, particularly if the appointment involves clinical practice of medicine.
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Original hardcopy and electronic postings of notice of filings. The notices will be created by ISSS and sent to you with specific instructions on how and when to post.
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A copy of the offer letter. If you sent this for the H-1B petition, you do not need to send it again. Remember that the application for labor certification must be filed within 18 months of the job offer.
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