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Content Last Revised: 04/01/2005 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Labor Certification Process for Permanent Employment of Aliens In the United States |
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| Labor Certification Process |
20 CFR 656.18 - Optional special recruitment and documentation procedures for college and university teachers.
- Section Number: 656.18
- Section Name: Optional special recruitment and documentation procedures for college and university teachers.
(a) Filing requirements. Applications for certification of
employment of college and university teachers must be filed by
submitting a completed Application for Permanent Employment
Certification form to the appropriate ETA application processing center.
(b) Recruitment. The employer may recruit for college and university
teachers under Sec. 656.17 or must be able to document the alien was
selected for the job opportunity in a competitive recruitment and
selection process through which the alien was found to be more qualified
than any of the United States workers who applied for the job. For
purposes of this paragraph (b), documentation of the ``competitive
recruitment and selection process'' must include:
(1) A statement, signed by an official who has actual hiring
authority from the employer outlining in detail the complete recruitment
procedures undertaken; and which must set forth:
(i) The total number of applicants for the job opportunity;
(ii) The specific lawful job-related reasons why the alien is more
qualified than each U.S. worker who applied for the job; and
(2) A final report of the faculty, student, and/or administrative
body making the recommendation or selection of the alien, at the
completion of the competitive recruitment and selection process;
(3) A copy of at least one advertisement for the job opportunity
placed in a national professional journal, giving the name and the
date(s) of publication; and which states the job title, duties, and
requirements;
(4) Evidence of all other recruitment sources utilized; and
(5) A written statement attesting to the degree of the alien's
educational or professional qualifications and academic achievements.
[[Page 699]]
(c) Time limit for filing. Applications for permanent alien labor
certification for job opportunities as college and university teachers
must be filed within 18 months after a selection is made pursuant to a
competitive recruitment and selection process.
(d) Alternative procedure. An employer that can not or does not
choose to satisfy the special recruitment procedures for a college or
university teacher under this section may avail itself of the basic
process at Sec. 656.17. An employer that files for certification of
employment of college and university teachers under Sec. 656.17 or this
section must be able to document, if requested by the Certifying
Officer, in accordance with Sec. 656.24(a)(2)(ii), the alien was found
to be more qualified than each U.S. worker who applied for the job
opportunity.
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