Department of Labor Confirms University Professors and Instructors Require Prevailing Wage Determinations

The DOL has recently posted a "FAQ" to clarify that university professors and instructors using the "special handling" option for the PERM labor certification must still obtain a prevailing wage determination before filing the PERM application.

Not sure what this means? Well, in general, if a person is trying to obtain permanent residence (a "green card") through their employer, generally speaking, that person must first go through the PERM labor certification process. There are exceptions to this general rule, of course, but that's another article entirely. Generally speaking, the PERM labor certification process requires a very specific recruitment process where the employer posts newspaper ads, website ads, etc to advertise the position in question. However, certain university personnel can use the "special handling" process for the PERM labor certification. This is available for university professors and instructors who have teaching duties. No teaching duties, no special handling.

The DOL regulations state that under special handling, the university does not necessarily have to re-conduct the recruitment, as is usually required in most PERM cases. Rather, the university can use the recruitment that they used to hire the foreign national, assuming it meets certain requirements. However, this DOL FAQ does confirm that a prevailing wage determination is required prior to filing the PERM labor certification application.

Why should you care?

Well, if you are a foreign national teaching at a university and are looking for a green card, this may be a key part of your green card process. More specifically, it can take anywhere from a few weeks, to recently, a few months to receive the prevailing wage determination. And as indicated above, we must have the determination before we file the labor certification. And further, even if you use the special handling process, there are certain timelines that you must adhere to in filing the application. So if you start the application at the last minute, you may not have the determination before you have to file the labor certification. Therefore, you should plan ahead and start the process as soon as possible so that you avoid any time-crunching, stressful events for you and your employer (and your immigration attorney!).

Still lost as to what this all means? That's why Sumner Immigration Law is here! To provide clarity and strength in your immigration experience. Contact us today with questions or to set a consultation - info@sumnerimmigration.com.

Recent blog posts

Nov
2
2021
President Biden has recently issued a new Presidential Proclamation that rescinds geographic Covid travel bans. Instead, beginning November 8th 2021, there will be Covid vaccination requirements for international air travelers to the US. The new Proc… Read More
Oct
22
2021
The November visa bulletin is out, and with it brings a flurry of questions about I-485 filing strategies! The top question we are receiving right now is: Can I file multiple I-485 applications? The EB-2 India priority dates for both final action and… Read More
Oct
1
2021
By Brianne Donovan, Sumner Immigration Law On September 20, 2021, the Biden Administration announced a change in international travel restrictions previously put in place at the beginning of the coronavirus pandemic. The current travel restrictions r… Read More

Read More Blog Posts

“I have worked with a lot of immigration attorneys in the past for various needs for family and friends. I have not had to find a new attorney since I got in touch with Emily. I have known her since her early days as an attorney and she was the best o… Read More"
– Derek M.
“My Green Card got approved! Thank you very much for your help, I highly appreciate it! The way you have executed the filing procedure was simply perfect, from filing labor to GC approval, your documentation and communication with me was the best. I w… Read More"
– Kishore

More Client Reviews