20 C.F.R. Parts 655 and 656
Or those persons equally qualified in the case of an alien described in 20 C.F.R. Part 656.21a regarding Special Handling applications for teaching faculty at colleges and universities. So long as the college followed its usual recruitment process and hired the most qualified applicant for the position within the past eighteen months, the college could prefer a foreign national over a US worker.
U.S. workers are citizens and lawful permanent residents (i.e., “green card” holders).
The prevailing wage is defined by the SWA as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.
Level I is for positions generally requiring a bachelor degree or its equivalent as a minimum to entry into the position. Level II is for positions generally requiring a bachelor degree and two years of experience, or a master's degree only, or the equivalent. Level III is for positions generally requiring a bachelor degree and four years of experience, or a master's degree and two years of experience, or the equivalent. Level IV is for positions generally requiring a bachelor degree and seven years of experience, or a master's degree and four years of experience, or the equivalent. Most teaching and research positions at the college and university level will fall into an Occupational Employment Statistics ("OES") Level IV pay scale category.
DOL General Administration Letter No. 2-98, issued October 31, 1997, seeking to clarify and provide guidance in making prevailing wage determinations. Effective January 1, 1998.
An employer must post a printed notice for ten consecutive business days in a conspicuous location.
An employer must place two advertisements on two different Sundays – the ads must name the employer, direct the applicant to submit a resume to the employer, and sufficiently describe the job such that an individual can “recognize” the duties of the position. These ads must be placed more than 30 but less than 180 days prior to filing.
For "professional" positions (listed in the Appendix to the Regulations), the employer must conduct three additional forms of recruiting from the following list: attend job fairs, post the position on the employer's website, post the position on an internet job search site, conduct on-campus recruiting, post the position with trade or professional associations, enlist the assistance of private recruiting firms, have employee referral programs that include identifiable incentives, post a notice of the job opening at a campus placement office, utilize local and ethnic newspapers where appropriate, or conduct radio and/or television advertisements.
See PERM Regulations sections 656.5 and 656.15 describing "[a]liens who are members of the professions holding advanced degrees or aliens of exceptional ability."
If an employer is chosen for “supervised recruitment,” then a more detailed recruitment report is required, including naming the recruitment resources, listing the names of applicants, and providing resumes, interview dates, and reasons for rejection.
Go to http://www.plc.doleta.gov to complete and file Form ETA 9089. Once certified by the DOL, the employer must sign the Form ETA 9089. The signed form will be filed with the I-140 Immigrant Visa Petition. The signed form and the I-140 are filed with the appropriate USCIS Service Center.
Processing centers will be listed at http://atlas.doleta.gov/foreign/pdf/05-2373.pdf.
Labor certification applications filed under PERM are subject to audit. When an audit is recommended for an application, the adjudication period could be longer. Audits will be computer-generated via a “random-sampling methodology” or based on an analyst’s review of the application warranting a request for further information from the employer. If audited, the employer must respond within 30 days of the audit request. Failure to respond to the audit request or to a denial of an application may result in all of the employer’s future filings being subject to supervised recruitment by the SWA for a two-year period.
DOL may revoke a case "for cause" in situations where it questions the veracity of the labor certification application.