KSU has a history of supporting and sponsoring its eligible full-time, tenure-track faculty for employment-based permanent residency (green card). Without permanent residency, your faculty member’s employment at KSU may be limited to the duration of his/her H1B work-visa. That being said, your department is under absolutely no obligation to sponsor an international faculty member for a green card, and you do not need to make a decision regarding permanent residency sponsorship immediately. However, it is recommended that a decision be made no later than 12 months after the VPAA’s offer letter was issued to the international candidate in order to take advantage of special permanent residency regulations for teaching faculty. Failure to initiate permanent residency within that timeframe may require that a “re-selection” process (i.e. full rerecruitment effort) be conducted for the position in order to proceed with the permanent residency process.
Permanent residency sponsorship is a multi-step process involving applications to both the
Department of Labor and US Citizenship and Immigration Services. The Department of Labor requires that we collect the following information to prove that a competitive recruitment process took place, all regulations were followed, US applicants were rejected for lawful reasons, and the international candidate was found more qualified than all US workers who applied.
It is easiest to collect the information while it is still fresh in your mind! If your department does decide to sponsor an international tenure-track faculty member for permanent residency in the future, information you provide in the following forms will be used to determine if Dept. of Labor regulations were followed in the recruitment process and, if so, to complete the necessary Department of Labor applications.
We will not begin the permanent residency process without a written request from the
Department Chair.
Name of Employee: ___________ _________________________________________________
Department Name: ___________________________________________________________________________
Position Title: __________________________________________________________________________
(Please list the department contact person.)
Name: __________________________________________________
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Department Address: ___________________________________
Phone number: _______________________________ Fax: __________________________________
E-mail address: ___________________________________________
Primary worksite (where work is to be performed) – please indicate if located at Town Pointe or KSU Center:
______________________________________________________________
City ______________________________ State __________________________ Postal code ________________
Additional worksites:
Job duties:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
________________________________________
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.
Required level of education:
__ Bachelor’s __ Master’s ___Doctorate __DVM __MD __Other:___________
Specify major field(s) of study _______________
Is a foreign educational equivalent acceptable? _____ Yes _____ No
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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 involve a job opportunity that includes a combination of occupations? ___ Yes ___ No
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:
_____________________________________________
Special Recruitment and Documentation Procedures for Teachers
Is this application for a college or university teacher? _____ Yes _____ No
Date individual selected (date offer letter issued): _______________ 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.
Name of national professional journal(s) 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
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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
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
Department of Labor 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 KSU 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
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SPECIAL HANDLING RECRUITMENT REPORT
SAMPLE
U.S. Department of Labor
Employment and Training Administration
Chicago National Processing Center
Railroad Retirement Board Building
844 N. Rush Street, 12 th
floor
Chicago, IL 60611
Recruitment Report in connection with PERM filing
Beneficiary: NAME
Dear Sir or Madam:
The search that led to the hiring of _________( Applicant’s Name )_________ was initiated in
______( date )_______. A Search Committee was appointed in April 20XX by the chair,
Department of XYZ, for the hiring of an assistant professor to perform teaching and research in
XYZ. (Describe the job. Explain the business necessity of any unusually restrictive requirements that appeared in the advertising.) The members of the search committee included:
An advertisement for the position (Title) was listed in __________( Magazine/Newspaper Titles,
Date )___________ and on the Kennesaw State University human resources website. In addition, the position was listed with the University System of Georgia Clearinghouse (Date). (list all places where advertised, giving name and date of publication). Be specific about the competitive recruitment conducted.
From these listings, we received ______( number )______ applications. Of these applicants,
____(number) _____ candidates were reviewed ____( where, when )___________. State the total number of applications received. If there were a large number of applications, describe how the field was narrowed to the finalists. Note that Department of Labor requires that all candidates' resumes be retained for five years.) ( EXAMPLE: The Search Committee met twice to discuss and screen applications in light of the job criteria as outlined in the published advertisement, and the quality of the applicants' writing samples was studied critically. Most of the candidates rejected at this stage were conducting research on topics already covered by other faculty in the department, or were rejected because their letters of intent did not give us a clear sense of their ability to teach courses of the sophistication necessary at a major research university. Some of the applicants were not really specialists in esoterics, but generalists. Also, committee members consulted with each other and colleagues in the esoterics community who might have had knowledge of the applicants.)
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On the basis of their applications, the list was narrowed to a "short list" comprising X individuals whom the Committee considered best qualified for this position and whose combination of research interests, teaching experience, and writing ability best matched the needs of our department. We brought __( number )_____ candidates to the Kennesaw State University campus for more in-depth interviews. ( Be specific on what the in-depth interview contained – sample seminars, meeting with students, etc)
All final candidates were screened with regard to past accomplishments and potential for future scholarship and teaching. Following are the ### finalists who were deemed unacceptable for the position:
1.
Don’t give candidate names but rather some details and the lawful reasons why they were not chosen. Example: Candidate A teaches at UCLA and was denied tenure there at the time of our interview. Candidate B decided for personal reasons to withdraw her application after our on-campus interview.
___(
Applicant’s Name) was selected on __ (D ate of offer letter )__ because of her/his exceptional academic preparation and potential for research. Specifically, _________( outline applicant’s academic achievements, what is the highest degree attained, where, when; scientific/research papers written, published, where and when) ________________. In addition,
__________( any other relevant information describing applicant’s academic and professional background and how they matched the position requirements )_________________. ( Please provided very detailed information re: qualifications) We are very excited to have Dr. XYZ join our faculty. In our estimation he/she is clearly the best qualified of all of the applicants for the position and we expect he/she will contribute substantially to meeting present departmental needs and to developing our departmental curriculum.
We extended employment offers to ___( number) ______ candidates, one of whom was ___
(
Applicant’s name)
___, who accepted the offer of employment effective (Date ).
Sincerely,
__________________________________________
Name, Title
Enclosures:
 Copies of all Job Advertisements

Copy of actual print ad in national journal or actual 30-day online Chronicle of Higher Ed. Ad & proof of dates posted

Position Announcement posted on KSU Website

Position Announcement listed with the University System of Georgia
Clearinghouse

Any other advertisements that ran for the position

KSU Offer Letter

Completed, signed contents of Recruitment Packet
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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. Copies of our advertising campaign are attached to this report.
Search Committee Activities
Rationale for Selection (please describe or include copy of rubric/criteria used to evaluate candidates)
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Statement of Degree Qualification of International Employee
SAMPLE
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.
[Please be thorough in describing the international employee’s qualifications and why they were better than all other candidates]
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.
___________________________________ ________________________
Date Department Chair Signature
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Rejected Applicants Chart
In order to proceed with employment-based permanent residency sponsorship, Department of Labor regulations require that the international employee be found more qualified than all US workers (citizens, permanent residents, refugees) who applied for the position. This chart must discuss the reasons why each applicant (not just those interviewed) was found less qualified than the international candidate and not chosen.
Applicants may be categorized by reasons for rejection. Individual applicants do not need to be identified. Typical explanations for why candidates were not as qualified as the person selected include:
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
Position :
Department :
Total Applicants :
Applicant Chosen :
Applicant
Applicant 1
Applicant 2
Applicant 3
Applicant 4
Applicant 5
Applicant 6
Applicant 7
Job Related reason why foreign applicant is more qualified
For example: unrelated PhD, poor recommendation letters, research not innovative, accepted position elsewhere etc.
Chosen for position; offer accepted; hired
I am an official who has actual hiring authority from the employer for the above-listed position and certify that the above is true and accurate.
Signature
Department Chair
Department
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Acknowledgement of rejected CV/resumes for PERM Special Handling
Per federal Department of Labor regulations, I acknowledge that copies of the CV/resumes of each rejected U.S. applicant for the position will be retained in the department for 6 years or sent to Employment Visa Services (MD 3504) with the recruitment report. I understand that the failure to present these documents upon Department of Labor request may result in civil or monetary penalty for KSU and/or the revocation of permanent residency benefits for the international faculty member.

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 EVS to maintain the audit file.

No U.S. applicants applied for this position
__________________________________
Dept. Chair Name
_____________________
Date
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