PERM College And University Teacher Recruitment

The rules for PERM are changing. Have you consulted with an immigration lawyer to learn the new requirements for work permits filed under PERM? Below is advice for dealing with the changes.

1. Are college and university teacher occupations included in Schedule A?

Answer: No, only college and university teachers of exceptional ability in the sciences or arts who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States fall under Schedule A, Group II, Sciences or Arts.

2. If an application is for a college or university teacher who does not qualify as a college or university teacher of exceptional ability what provisions apply?

Answer: Applications for college and university teachers who do not qualify under the Schedule A, Group II, Sciences or Arts provision may be filed either under the provision for optional special recruitment and documentation procedures for college and university teachers, § 656.18, or under the provision for the basic process, § 656.17.

3. If an application for a Schedule A college or university teacher is denied, is the employer permitted to file for a labor certification under § 656.17?

Answer: Yes, the employer may file an application previously denied under Schedule A for a college or university teacher either under the provision for optional special recruitment and documentation procedures for college and university teachers, § 656.18, or under the provision for the basic process, § 656.17.

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