Special Handling Cases for University and College Teachers
Department of Labor regulations provide for "special handling" of applications for college and university “teachers”. Institutions of higher education are allowed to choose those individuals whom the search committees consider the best qualified, provided a competitive recruitment process has been conducted. Full time professorial tenure-track positions qualify for filing under the special handling category since these positions require classroom teaching as an integral part of the responsibilities of the position. If classroom instruction is a component of a full time, permanent university position, the position meets the qualifications for the special handling category, regardless of the job title.
Deadlines
The Application for Alien Employment Certification (ETA Form 9089) must be filed within 18 months of the date the foreign national was selected to fill the position. The “date the alien was selected” may be interpreted as the date the search committee decides to offer the foreign national the position. If the permanent labor certification application is not filed within 18 months of the date the foreign national was selected, the recruitment activities must be repeated. The ETA deadlines are strictly enforced and appeals are not permitted.
Go to Required Documents for Special Handeling Cases