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The PERM or labor certification is a process by which the Department of Labor certifies that there are not sufficient US workers who are able, willing, qualified and available to cover the position offered to the foreign national and his or her employment will not adversely affect the wages and working conditions of similarly employed US workers.
The Department of Labor has established a regulated recruitment process in order to certify that US workers are not adversely affected by immigration. This recruitment process involves taking some specific steps within a limited timeframe to ensure competitiveness in the selection.
There are three possible PERM process for university professors and researchers depending on the position offered and the qualifications of the foreign national:
- PERM for university professors and researchers with some teaching duties
University professors and researchers with some teaching duties may fall under a special PERM category called the “Optional Special Recruitment”.
Universities that have hired a foreign professor or researcher with teaching duties can reuse some of the material from the recruitment process if it meets the requirements of the law and if they file the PERM within 18 months of the selection. This shortens the process and makes it less burdensome on the employer. However, some of the mandatory recruitment steps of the PERM will have to be carried out.
- PERM for persons with extraordinary abilities in sciences or arts (Schedule A)
This PERM category is known as the Schedule A PERM. This is the PERM available persons who will file for an EB-2 green card under the category of persons with extraordinary abilities in science or arts. The advantage of this PERM is that is not filed with the Department of Labor. This will save you two months waiting for a Department of Labor decision. However, some of the mandatory recruitment steps of the PERM will have to be carried out.
- Basic PERM
Those who do not meet the requirements of the special categories explained above will have to carry out a basic PERM. Within six months, the employer must perform a detailed recruitment process that involves placing a job order with the State Workforce Agency and placing two newspaper advertisements, among other steps, and that must be completed within a limited time.
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