OFFICE FOR INTERNATIONAL STUDENTS AND SCHOLARS
Phone: 517.353.1720 // Fax: 517.355.4657
E-mail: oiss@msu.edu // Web: http://www.oiss.msu.edu
PERM: Special Handling Labor Certification
Special Handling Labor Certification is the first step toward the permanent residency process. Special handling is for
college and university teachers only. Special handling allows the employer to recruit for the position nationally and
select an employee before submitting a labor certification with the Department of Labor (DOL). With special handling,
the employer is permitted to hire the most qualified applicant rather than a minimally qualified U.S. worker, applicants
who meet only the minimum requirements for the position may be rejected if the international employee is most
qualified.
Under current DOL policy, college and university teachers qualify for special handling only if they engage in classroom
teaching and are the instructor on record. Positions involving strictly research or other non-teaching duties do not
qualify for special handling. The DOL does not specify a minimum number of hours of actual classroom teaching in
order to bring an application within the scope of the special handling procedures. It is also irrelevant whether the
position is tenure-stream or not, however, the position must be full-time and permanent. To be eligible for the special
handling process, MSU must conduct a competitive recruitment of the position offered. Once MSU demonstrates all
DOL requirements have been met and has a record of those requirements in a recruitment retention file available for
DOL audit (for a five year period), then OISS can electronically submit the Application for Permanent Employment
Certification (Form 9089).
Time Limit
The Application for Permanent Employment Certification (Form 9089) must be submitted in the
Department of Labor PERM system within 18 months of selection of the international for the
position. Please note: notice of filing posting must be completed and 30 days passed before submission, so you
have to allow for this time when considering the 18 month window.
Labor Certification/ Immigrant Visa Process
Departments should contact/meet with OISS advisor, Chris Bargerstock to begin the process and discuss procedures. If
department is familiar with special handling hiring procedures they should send the completed packet to OISS. Please
submit the documents to OISS for review and processing from the checklist of PERM Special Handling within the
appropriate time frame to allow for filing.
Once the recruitment process is documented, MSU can submit the application to the regional Department of Labor
(DOL) office for processing. Once the labor certification has been approved by the DOL, an Immigrant Visa Petition
(Form I-140), is filed with the USCIS regional service center in Lincoln, Nebraska. The adjustment packet (Form I-485
packet) can be filed separately or concurrently with the Form I-140. OISS will notify the department once the approved
labor certification is received and provide information and assistance with the next steps of the permanent residency
process. Please note that at this time there are no filing fees associated with the labor certification. It is expected in the future, the Department of Labor
will charge for the Labor Certification process. Filing fees will be required for the immigrant visa petition and the adjustment of status packet that are
filed with the Department of Homeland Security.
Please Note: This Labor Certification application bears no relationship to current work authorization. An
employee must maintain his/her employment status while this application is pending.
Please Note: Any union position the bargaining representative for workers in that occupation must be provided with notice of this filing at least 30 days
before the filing. Please notify OISS if the position is a union position and we will assist with this process.
NOV 07
PERM Special Handling Labor Certification Checklist
Department should provide:
□
Notice of filing of Alien Certification (see attached sample)
Must be posted in 1 place within department for 10 consecutive business days and original must be sent to OISS.
NOTE: OISS cannot submit PERM Labor Certification until 30 days after internal notice end date. Labor Certification
filing must be within 18 months of selection date.
□
Prevailing wage determination
□
Copy of at least one print advertisement for the position that appeared in a national/professional journal. Ad must
include job title, duties, and requirements.
NOTE: A full page copy of ad is needed. The journal title and date of publication must be visible. If title/date does not
appear on journal pages, please provide a copy of the journal cover in which the ad appeared.
□
Evidence of other recruitment sources used for documentation in DOL audit file. (Examples: copies of other ads,
mailings, webpage posting)
□
Recruitment report: special report on competitive recruitment required. (See attached sample)
□
Search Committee Final report (see attached sample) A copy of the final report from the faculty, student and/or
administrative body making the recommendation or selection of the individual, at the completion of the competitive
recruitment and selection process
□
Statement of Degree Qualifications (see sample)
□
Acknowledgement statement of rejected US workers: send in with all copies of resumes or name and address of
contact person where resumes will be located for next 5 years.
□
Information about this professor’s classroom teaching at MSU. Please list all the courses that the professor has already
taught or will teach at MSU.
□
Employer Information Sheet for PERM: Special Handling
Employee should provide:
□
Employee Information Sheet for PERM: Special Handling
□
Updated CV or resume
□
Copy of PhD, MD or DVM Note: If diploma does not list degree field, a transcript or letter from degree
granting university confirming the field of study must also be provided. If diploma is not in English, a
translation must be provided.
□
Copy of individual’s passport identity page and expiration date page, copy of most recent I-94 card.
NOV 07
Employing Department Information Sheet for PERM Special Handling
Labor Certification (ETA 9089)
MSU Teaching Faculty
Employing Department Information
Name of Employee: ____________________________________________________________
Department Name:
_______________________________________________________________________________________________
Position Title:
___________________________________________________________________________________________________
Department Contact Information (Please list the department contact person.)
Name: __________________________________________________ Department Address:
___________________________________
Phone number: _______________________________ Fax: __________________________________
E-mail address: ___________________________________________
Prevailing Wage/Offered Wage Information
Offered wage: _________ Per: (Chose only one) ____ Hour ____ Bi-Weekly ____ Month ____ Year
Prevailing wage $ _____________ Per: (Chose only one) ____ Hour ____ Week ____ Bi-Weekly ____ Month ____ Year
Determination date ______________________________________ Note: The prevailing wage is valid for 90 days. The labor
certification must be filed within 90 days of obtaining the determination.
Is MSU paying the prevailing wage amount or more? __Yes __No If No, then the labor certification process cannot continue.
Job Information
Primary worksite (where work is to be performed) address 1
______________________________________________________________
City __________________________________________________ State __________________________ Postal code
________________
Job duties:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______
NOV 07
Specific skills or other requirements:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______
Are the job opportunity’s requirements normal for the occupation? _____ Yes
_____ No
If the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job
requirements are supported by business necessity.
Is knowledge of foreign language required to perform the job duties? _____ Yes _____ No
If the answer to this question is Yes, the employer must be prepared to provide documentation demonstrating that the
language requirements are supported by business necessity.
Job Requirements
Education: highest level achieved relevant to the requested occupation:
__ Bachelor’s __ Master’s ___Doctorate __DVM __MD __Other:___________ Specify major field(s) of study _______________
Is a foreign educational equivalent acceptable? _____ Yes _____ No
Is training required in the job opportunity? _____ Yes
_____ No
If Yes, number of months training required:
______________
Indicate the field of training: _____________________________________________
Is experience in the job offered required for the job? ____ Yes ____ No
If Yes, number of months experience required:
_______
Does this application involve a job opportunity that includes a combination of occupations? ___ Yes
___ No
Alternative Experience Acceptable?
Is alternative experience acceptable: __Yes __No If so, please respond to the following:
Is there an alternate field of study that is acceptable? ___ Yes ___No
If Yes, then specify the major field of study: ______________________________________
Is there an alternate combination of education/experience that is acceptable? ___ Yes ___ No
If Yes, specify the alternate level of education required: ____________________________________
If applicable, indicate the number of years experience acceptable ________
Is experience in alternate occupation acceptable? ___ Yes ___ No
If Yes, number of months experience in alternate occupation required: ___________
Identify the job title of the acceptable alternate occupation: _____________________________________________
NOV 07
Recruitment Information: Special Recruitment and Documentation Procedures for Teachers
Is this application for a college or university teacher? _____ Yes
_____ No
Date individual selected: _______________ Note: Applications for permanent alien labor certifications 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. Internal procedures taking at least 45 days need to be complied with, prior to filing.
Name of national professional journal in which advertisement was placed:
___________________________________________________
List the additional recruitment information in this space. Add an attachment in necessary.
_______________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______
Has the employer received payment of any kind for the submission of this application? _____ Yes
_____ No If Yes, specify.
There is no bargaining representative, so has a notice of this filing been posted for 10 business days in a conspicuous location at
the place of employment? ___Yes
____No Note: 30 days after posting is complete the application can be filed. Send original posting
to OISS
Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related
occupation within the six months immediately preceding the filing of this application? _____ Yes
_____ No
If Yes, were the laid off U.S. workers notified and considered for the job opportunity for which certification is sought? ____ Yes
___ No
Departmental Declaration
I declare under penalty of perjury that the information is true and accurate. I understand that to
knowingly furnish false information in the preparation of these forms and any supplement thereto or
to aid abet or counsel another to do so is a federal offense. In addition, I further declare that MSU
intends to offer the tenure-track position to the individual mentioned in this form. I agree to fully
comply and maintain the recruitment documentation for this position for a 5 year period for any
Department of Labor audit request.
__________________________________
_______________
Signature
Department Chair Name
Date
NOV 07
Employee Information Sheet for PERM Special Handling Labor Certification (ETA 9089)
MSU Teaching Faculty
Individual/Employee Information
1. Individual’s last name: ____________________ First name: ___________________ Full Middle name: _______________
2. Current address _____________________________________________________________________________________
3. City _____________________________ State/Province _____________ Country __________ Postal Code _____________
4. Phone number of current residence ______________________ 5. Email address: ___________________________________
6. Country of citizenship/legal permanent resident ____________________________ 7. Country of birth
____________________________
8. Individual’s date of birth (mm/dd/yy) _________________________ 9. Class of admission/current status ______________________
10. Alien registration number (A#), if applicable ____________________ 11. Alien admission number (I-94)
_________________________
12. Education: highest level achieved relevant to the requested occupation:
__ Bachelor’s __ Master’s ___Doctorate __DVM __MD __Other:___________ Specify major field(s) of study _______________
13. What year did you get the above degree? ___________ 14. Institution where degree received: ______________________________
15. Address of institution __________________________________________________________________________
16. City ____________________ State/Province _______ Country _________ Postal Code ______________
17. Did the employer pay for any of the individual’s education or training necessary to satisfy any of the employer’s
job requirements for this position? Yes ____ No ____
18. Is the individual currently employed by the petitioning
employer? Yes ____ No ____
Individual work experience: List all jobs the individual has held during the past 3 years. Also list any other
experience that qualifies the individual for the job opportunity for which the employer is seeking certification. If more
space is needed, please provide
Job 1
1. Employer Name ______________________________________________________________________________
2. Address 1
____________________________________________________________________________________________________
3. City _______________________________ State/Province ____________________ Country ________________
Postal code _______
4. Type of business _____________________________________________________ 5. Job title
________________________________
6. Start date ___________________ 7. End date _____________________ 8. Number of hours worked per week
__________________
9. Job details (duties performed, use of tools, machines, equipment, etc.)
____________________________________________________________________________________________________
____________________________________________________________________________________________________
NOV 07
Job 2
1. Employer Name ______________________________________________________________________________
2. Address 1
____________________________________________________________________________________________________
3. City _______________________________ State/Province ____________________ Country ________________
Postal code _______
4. Type of business _____________________________________________________ 5. Job title
________________________________
6. Start date ___________________ 7. End date _____________________ 8. Number of hours worked per week
__________________
9. Job details (duties performed, use of tools, machines, equipment, etc.)
____________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
__________________________Job 3
1. Employer Name ______________________________________________________________________________
2. Address 1
____________________________________________________________________________________________________
3. City _______________________________ State/Province ____________________ Country ________________
Postal code _______
4. Type of business _____________________________________________________ 5. Job title
________________________________
6. Start date ___________________ 7. End date _____________________ 8. Number of hours worked per week
__________________
9. Job details (duties performed, use of tools, machines, equipment, etc.)
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Individual Declaration
I declare under penalty of perjury that the information is true and correct. I understand that to knowingly furnish false
information in the preparation of this form and any supplement thereto or to aid, abet or counsel another to do so is a
federal offense punishable by a fine or imprisonment up to five years or both (18 U.S.C. 2, 1001)
In addition, I further declare under penalty of perjury that I intend to accept the position offered if I am granted a
labor certification or visa or an adjustment of status based on this application.
Signature ______________________________________________________________ Date signed
___________________________
Print Name: __________________________________________________________
NOTICE OF FILING of ALIEN CERTIFICATION
POSITION:
NOV 07
Assistant Professor, Department of XXXXXXXXXXXX
JOB DUTIES:
This is sample language the duties must include teaching. Teaches university courses for
undergraduate and graduate students within the XXXXXXXXXX curriculum. Compiles
bibliographies of specialized materials for outside reading assignments. Compiles,
administers, and grades examinations, or assigns this work to others. Directs research of
other teachers or graduate students working for advanced academic degrees. Conducts
research in particular field of knowledge and publishes findings in professional journals.
Advises students on academic and vocational curricula.
REQUIRED: Doctorate Degree in XXXXXXX, YYYYYYYYY or ZZZZZZZ. Strong background in xxxxxxxx,
yyyyyyyyyy and research methods. Preferred qualification: ability to teach xxxxx and/or
yyyyyyyyy.
SALARY:
$0000.00 per year
HOURS:
Mon-Fri, 8AM-5PM, 40 hrs/wk.
LOCATION: Michigan State University.
CONTACT: Dept. Chair
Michigan State University
Department of
Department address
THIS JOB NOTICE IS POSTED AS A RESULT OF THE FILING OF AN APPLICATION FOR PERMANENT
ALIEN LABOR CERTIFICATION FOR THIS JOB OPPORTUNITY. ANY PERSON MAY PROVIDE
DOCUMENTARY EVIDENCE BEARING ON THE APPLICATION TO:
CERTIFYING OFFICER
US Department of Labor
Employment & Training Administration
Foreign Labor Certification National Processing Center
Harris Tower
233 Peachtree Street – Suite 410
Atlanta, GA 30303
This notice was posted in a conspicuous place at the offices of MSU for a period of 10 consecutive business days
from _________ to _________. The notice remained clearly visible and unobstructed during the entire period of
posting.
_____________________________________
Signed
_________________
Date
SPECIAL HANDLING SAMPLE RECRUITMENT REPORT
TO BE PREPARED ON DEPARTMENTAL LETTERHEAD FOR PERM AUDIT FILE
NOV 07
U.S. Department of Labor
Employment and Training Administration
Chicago National Processing Center
Railroad Retirement Board Building
844 N. Rush Street, 12th floor
Chicago, IL 60611
Special Handling Labor Certification
Recruitment Report in connection with PERM filing
Beneficiary: NAME
Dear Sir or Madam:
MSU’s Department of _________________ recruitment efforts for the position of _____________ included:
The following is a statement by me as the official with actual hiring authority outlining in detail the complete
recruitment procedure. These documents include: copy of the print ad(s); copy of the letters of inquiry to other
universities; copy of the MSU affirmative action report; list any other recruitment efforts (electronic job search, private
job search firm). The total number of applicants that responded to this recruitment effort: _______Attached documents
supporting Dr. NAME’S credentials including his/her resume and educational documents.
Specific recruitment efforts included:
1) How many candidates applied for this position?
2) How many were invited for interviews? What criteria were used to select these candidates out of the larger
applicant pool?
3) How many of those invited declined to be interviewed?
4) Did any applicants withdraw themselves from consideration after being interviewed? (e.g. because they
accepted another position elsewhere?) How many?
5) Were any applicants offered other positions at MSU after being interviewed? If so, which applicants and
what positions? Why were they not offered this position?
6) Provide a 1-2 sentence explanation for each, indicating why they were not as qualified for the position as the
person for whom we are preparing the labor certification.
Applicants may be categorized by reasons for rejection and number in each category. Individual applicants do not need
to be identified. Typical explanations for why candidates were not as qualified as the person selected include:
NOV 07
Less teaching experience than the person selected
Less research experience than the person selected
Research quality was not as impressive as the person selected
Research interests were not as relevant to the department’s immediate needs as the person selected
(provide details)
Less impressive record of publication than the person selected
Less effective teacher than the person selected
Knowledge of field not as broad and/or as deep as the person selected
The search committee In the Department of NAME submits its recommendations to the faculty and the Chair of the
Department and did so in this recruitment effort. This search, as is normal, began in the fall/winter/spring (year)
semester of before the person hired assumed the post. The search continued in the fall/winter/spring (year) semester
and was completed when Dr. NAME was selected for the position on DATE. THIS DATE MUST BE WITHIN 18
MONTHS OF DATE OF SUBMISSION OF THE PERM SPECIAL HANDLING FILING. In the search, the
committee recommended NAME be hired. NOTE: The hired individual must meet the minimum qualifications for the
position at the time of filing. The reasons for choosing NAME included/were: briefly describe why committee chose
him/her as the best candidate. Dr. NAME was, in short, deemed to be the best candidate for the position.
The above represents the best efforts of my department to fill this vacancy, giving full opportunity for qualified
candidates to be included in the pool of applicants considered.
Sincerely,
Name
Department Chair
Enclosures
Sample
NOV 07
Search Committee Final Report
The Search Committee for the Department of __________________ has completed the process of identifying
candidates, aggregating support materials, interviewing candidates and executing campus visits for the top
prospects. During the campus visits, candidates interviewed with Department of ______________________
faculty. As a result of the search process, the Search Committee unanimously recommends Dr. _____________ for
the position of _____________________ in the Department of _____________________.
Advertising
The position was announced in a wide range of journals that are expected to reach candidates in
______________________________ and other related fields. Details of our advertising campaign are attached to
this report.
Search Committee Activities
Rationale for Selection
Sample
Statement of Degree Qualification
NOV 07
Dr. _______________ was educated and received his/her doctor of _________________ degree (equivalent to
United States Ph.D. degree) from the university of _________________________.
While completing his/her Doctor _______________ degree, Dr. ____________________ worked as a
___________________ for ______________ months. He/She then gained additional experience as a
______________________ at the University of ________________ for ________ months in ______________
(year). Dr. ________________ is an outstanding researcher, as witnessed by his/her publication record attested by
outside references.
The combination of the high quality of his/her training at the University of ______________, his/her extensive
research experience, his/her particular area of research interest, his/her teaching ability as demonstrated by the
seminar he/she conducted here, and the enthusiastic recommendations we received about him/her made him/her
clearly the most highly qualified applicant for the position. The search committee and the department readily
agreed on his/her selection, and the Dean concurred. We have no doubts that we made the right decision in
selecting Dr.__________ as the most highly qualified applicant for the position.
___________________________________
Department Chair Signature
________________________
Date
Acknowledgement of rejected CV/resumes for PERM Special Handling
Acknowledgement that copies of the CV/resumes of each rejected U.S. applicant for the position will be retained in
NOV 07
the department for 5 years or sent to OISS 103 International Center with the recruitment report.

Copies of CVs of each rejected US applicant will be maintained in the department and if needed for a
Department of Labor audit please contact:
_____________________
_____________________
_____________________
This person will have quick, easy access to all the rejected US applicants resumes, for the next 5 years and
if this person leaves the new person will be informed.

Copies of all CVs from rejected US applicants are attached for OISS to maintain the audit file.

No U.S. applicants applied for this position
__________________________________
Dept. Chair Name
_____________________
Date
PERM Special Handling Labor Certification Course List
NOV 07
Name of International Employee: __________________________________________
Department Name: ___________________________________________________
Please include information about this person’s classroom teaching at MSU. Please list all the courses that the
person has already taught or will teach at MSU. For each course, please indicate semester that the professor has
already taught or will teach the course.
Course Number
Course Name
Eg. HA 120
Introduction to Art History
NOV 07
Semester will teach or taught
FS 2005