AWI PROGRAMS
Alien Labor Certification
What is the Special Handling Procedure for College and University Teaching Faculty?
PROCEDURE DESCRIPTION: This procedure allows a college or a university to hire an alien as a college or university teacher.
REGULATIONS: 20 CFR, Part 656.21a
SPECIFIC OCCUPATION: Special Handling is ONLY for teaching positions in colleges and universities.
CRITERIA FOR SPECIAL HANDLING: The following criteria applies to Special Handling:
- Complete prior recruitment must have been completed by the employer.
- Filing the application must have been made within 18 months of the selection.
- Advertisements and postings do not need to include the salary; however, the posting(s) must conform to IMMACT 90 regulations.
- The employer must outline in detail how the alien was more qualified than each of the other individual applicants. A blanket statement is not acceptable.
- Item 15 ETA 750, Part A: All entries, including employers' preferences, are considered requirements for Special Handling only. Supporting documentation will be requested for special requirements.
- The case should be accompanied by a written request for "Special Handling" processing.
REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the wages paid on labor certification applications to nonimmigrants must be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying nonimmigrants more than the higher of the actual wage or the prevailing wage. The amended INA places the responsibility on the employer to establish the required wage rate that it must pay a nonimmigrant based on the best information available at the time the application is filed.
WHERE TO FILE APPLICATION:
Alien Labor Certification
MSCG 300
107 East Madison St.
Tallahassee, Florida 32399-4140
Telephone Number: (850) 921-3367
Fax Number: (850) 921-3105