Holders of Advanced Degree (EB-2)
PERMANENT RESIDENCE – EB-2, Special Handling – Members of the Professions Holding Advanced Degrees
Introduction
EB-2 Special Handling (Members of the Professions Holding Advanced Degrees) is an employment-based preference category that PSU uses to sponsor individuals for Permanent Residence. It is particularly useful for sponsoring junior faculty whom have been hired recently, provided that the department can document that a competitive search (that meets Department of Labor stipulations) has been conducted and that a Labor Certification has been obtained.
Labor Certification is a determination by the US Department of Labor that no U.S. worker is able, willing, and qualified for the position. An important exception known as “Special Handling” is available for college and university teacher positions requiring classroom teaching and enables the employer to select the most qualified individual, even when there are qualified U.S. workers.
In order to take advantage of the Special Handling exception, the employer must demonstrate that the following conditions were met:
- A print ad was placed in a national journal;
- The employer conducted a competitive recruitment;
- Specific job-related reasons why US workers were not selected must be provided.
- The candidate must have met the stated minimum qualifications for the position at the time of selection.
Criteria:
- Beneficiary must possess a master’s degree or higher
- Tenure-track position that requires teaching as part of the assignment
- The placement of a print ad in a national journal during the recruiting process
- A thoroughly documented search that indicates that the individual selected was the best qualified applicant for the position
- The Labor Certification application must be filed within 18 months of the date of months from the date the hiring committee submitted a formal recommendation (Proposal for Appointment)
Process Overview:
- The hiring department places a print ad in a national journal and conducts a competitive search.
- The hiring department provides OIA a letter and copies of documentation the search process
- OIA files a Labor Certification application with the Department of Labor
- Once the Labor Certification has been certified, OIA files the I-140.
Guidelines for Hiring Departments:
For successful labor certification, the hiring department should follow these recruitment guidelines for all searches:
- Place a print ad in a national professional journal specific to the discipline or in the Chronicle of Higher Education. An electronic ad posting is NOT sufficient. The print ad may be a “pointer ad” to a more lengthy ad, the pointer should at least contain the minimum requirements for the position including the degree and field of study or related fields.
- Write an advertisement that does not inadvertently eliminate the possibility that an applicant who did not have the terminal degree at the time he or she was selected can be sponsored for permanent residence in the event that Labor Certification is needed. If you are willing to consider candidates who are ABD at the time of their application and selection, it is critical to state this in the print ad.
- Be certain that the minimum requirements listed are indeed the minimum (if the employer has hired anyone with less education, training or experience for a substantially comparable job, it is possible that DOL will not certify the Labor Certification on the basis that the requirements were not the actual minimum requirements.)
Procedures for Hiring Departments:
(The information below is a summary only – please contact the International Faculty Advisor directly for more information.)
The hiring department should submit the following documentation to the International Faculty Advisor:
- Unmanipulated copy of the print ad which shows the publication name and the date of publication. If this cannot be done, please provide an original of the publication in which the ad appeared.
- Listing of all places where the position announcement was sent. A mailing list and any cover letters that accompanied the position announcements should be included. Each separate mailing list should be labeled appropriately.
- Letter from department chair outlining in detail the search process that led to this person’s hire. Included in the letter should be a description of how the job was advertised.
- A list of all of the applicants and the specific job-related reason why no US workers were found to be as qualified as the person hired. Since we cannot deduce from names who and who isn’t a US citizen, the department should simply list all of the applicants who met the minimum requirements of the position description. It may be useful to create a list of job-related reasons and refer to them by a code.
- Letter from department chair outlining faculty member’s qualifications. This letter needs to be signed as well by the dean and by Carol Mack, Vice Provost for Academic Administration and Planning.
- Memo addressed to the International Faculty Advisor outlining the teaching responsibilities of the new faculty member.