About Special/Faculty Labor Certification
For college or university faculty with teaching duties, there are “special” procedures that allow the employer to avoid new recruitment and only show that the selected individual was the best qualified (not the only qualified), if the employer can show: (1) it engaged in national, competitive recruitment; (2) the faculty member was determined to be the best qualified; (3) the selection was not older than 18 months at the time of filing the labor certification case; and (4) the faculty member met both the minimum and the preferred requirements at the time of hire. Because of the filing deadline, this type of case should be reviewed relatively quickly after the selection as it can take up to a year to process a case for filing.