Many members of the academic community are unable to qualify in immigrant visa categories such as an EB-1 extraordinary ability alien or an outstanding researcher or professor or an EB-2 advanced degree holder whose entry into the US is in the national interest which do not require an approved labor certification (the highly complicate process where the labor market is tested to document that there are no available US workers who meet the minimum requirements for a position). Those categories are extremely desirable because the labor certification process is extremely time consuming and requires an extensive test of the labor market where a sponsoring US employer must show that no qualified US citizen or permanent residents are available to fill a position. There is some good news, however, for college and university teachers who are subject to the arduous labor certification requirements. Requirements for these individuals are somewhat easier than for other categories.
Perhaps the most significant difference between this type of “special handling” case and the typical labor certification is that the teacher’s application may be approved if it is shown that there are no US workers who are at least equally qualified with the alien. Thus, unlike normal labor certifications, applicants can be rejected even if they meet the minimum requirements for the position so long as the alien is the most qualified.
Special handling is limited to teachers at colleges or universities which admit high school graduates, are recognized by the federal or state government as an institution of higher learning and which provide bachelor’s degrees or higher or offer courses which can be used as credit to such a degree (thus, programs offering associate degrees such as community or junior colleges are acceptable).
One can qualify for special handling even if he or she is not a professor. Researchers can qualify if they can document that they engage in some classroom teaching. There is no minimum amount of teaching that is required, but the applicant should be prepared to document the number of actual classroom hours spent teaching.
Most of the other requirements are the same for special handling cases as for normal labor certifications. However, an employer may submit evidence that the alien was selected in a competitive recruitment and selection process that has occurred within eighteen months of submitting the application. A recruitment report must be submitted stating the number of applicants and an explanation why the alien was more qualified than each specific applicant. The hiring committee’s summary report, a copy of at least one advertisement for the position, any other evidence related to recruitment for the petition as well as a written statement about the teacher’s credentials and accomplishments must also be submitted.
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