Note: Rutgers generally uses either the "PERM" or "Outstanding Professor/Researcher" path when sponsoring a tenure-track faculty for permanent residence ("green card"). For details and an explanation of the differences between the two, click here.
Click here for comprehensive information and instructions on PERM, of which recruitment requirements are only a part.
U.S. Department of Labor (DOL) rules require the following to occur in any tenure-track faculty recruitment process that is later used as the basis of a PERM application. Should a foreign national be hired for a tenure-track position following a search that does not conform to the requirements outlined below, the DOL will not permit a PERM application to be filed based on that search.
International tenure track or tenured faculty who have undergone a competitive recruitment and selection process may be eligible to file for permanent residency pursuant to the Special Handling provisions of the U.S. Department of Labor (“DOL”). Prior to September 8, 2011, DOL required that the recruitment for the position must have included at least one advertisement placed in a professional print journal of national circulation appropriate for the particular discipline and likely to produce qualified applicants. As of September 28, 2011, the U.S. Department of Labor no longer requires only a print advertisement in a national professional journal. DOL now permits electronic or web-based advertising in lieu of print advertising. In light of this change in DOL policy, a department at Rutgers University wishing to avail itself of the U.S. Department of Labor’s electronic or web-based advertising guidelines pertaining to Special Handling must meet the following requirements:
(1) Utilize an electronic or web-based national professional journal that is recognized as one of the profession’s generally accepted recruitment sources. Departments wishing to continue to advertise in print media only may continue to do so or they may also place ads simultaneously in both printed professional journals and on the journal’s website.
(2) The advertisement for the job opportunity for which certification is sought must be posted for at least 30 consecutive calendar days on the journal's website. If the discipline-specific journal in the field does not permit ads running for 30 days, departments may advertise in other acceptable online journals. The Chronicle of Higher Education is generally considered a safe place to advertise as it does allow online ads to run for 30 consecutive days.
(3) Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and of the text of the advertisement. Screen prints of the advertisement from the first date the advertisement is published and the last (30th) date of posting, and an invoice documenting the start and end dates are sufficient. It is not necessary to print the screens daily for 30 days. All such evidence must be preserved by the department for a period of at least five (5) years after the U.S. Department of Labor issues the labor certification. A copy of the evidence must be provided to the Center for Global Services as part of the Special Handling documentation for the audit file.
A department that cannot be certain that it will be able to meet all three of the above-noted requirements should continue to place advertisements in a national print journal of the profession in order to avail itself of the benefits of Special Handling. In fact, in certain cases the national print journal is safer and we encourage its use if there is any slight uncertainty in meeting the web-based ad requirements.
The advertisement must contain:
- The name of the Rutgers department;
- Position title;
- Job duties – specifically listing teaching duties and the subject field being taught and;
- Minimum job requirements. DOL also requires that the ad refer applicants to the department with appropriate contact information.
While job duties can be described generically, e.g., “teaching and research in Physics,” advertisements must be very specific in stating the academic or professional degree required. This is because if a foreign national is ultimately hired he or she must meet the specified degree requirement in order for Rutgers to sponsor the person for a PERM-based green card. Thus, for example, if the advertisement states “PhD required” and you hire a foreign national in ABD status, he or she will not be eligible for PERM-based green card sponsorship, and the department would then have to wait several years or more for green card sponsorship until the individual could meet eligibility criteria for “Outstanding Professor or Researcher.”
(4) There must be a “final [written] report of the faculty, student, and/or administrative body making the recommendation or selection of the alien at the completion of the competitive recruitment and selection process.” The report must be signed and dated by the department or search committee chairperson, and it must include reference to the specific date on which the foreign national was “selected” for the job.
(5) The PERM application must be submitted to DOL within 18 months of the foreign national’s “selection” date as described in 3, above. As there are additional deadlines that must be met at least one month prior to Rutgers filing the PERM application, departments should work with the Center for International Faculty and Student Services to have an initial draft of the PERM materials ready for review approximately 10 months after the date the foreign national was “selected” as the top candidate, but in no case more than 15 months after the “selection” date.