PERM Recruitment Requirements
The U.S. Department of Labor (DOL) rules require the following to occur in any international tenured or tenure-track faculty recruitment process that is later used as the basis of a PERM application. If a Rutgers department attempts to hire a foreign national 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. For downloadable PERM documents, see Rutgers Departments Resources and Forms.
International tenured or tenure-track 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 DOL; this competitve recruiment and selection process includes the placement of an ad promoting the open position in a print or web-based national professional journal. The DOL permits electronic or web-based advertising in lieu of print advertising, though print requirements and web requirements can differ. When placing advertisements for the open position, the Rutgers department must adhere to the guidelines below.
Guideline 1: Types of Acceptable Publications for Ads +
Use an electronic or web-based national professional journal that is generally accepted as a recruitment source by the profession. Departments wishing to continue to advertise in print media only may continue to do so; you may also place ads simultaneously in both printed professional journals and on the journal's website.
Guideline 2: Time Frame for Ads +
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.
Please note: 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.
Guideline 3: Required Documentation for Print Ads vs. Web Ads +
DOL requires the placement of a print or web-based ad for the job for a minimum of 30 consecutive calendar days in a national professional journal. Departments may choose to run the ad in print only, or run it simultaneously on the web.
If you choose to run the job ad in a web-based or electronic journal, you must submit specific documentation regarding the advertisement in an electronic or web-based national professional journal. A copy of the evidence must be provided to Rutgers Global–International Student and Scholar Services as part of the Special Handling documentation for the audit file:
- 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.
We keep these records for a period of at least five years after the DOL issues the labor certification.
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.
Guideline 4: Ad Content/Copy +
The advertisement, whether in print or online, must contain:
- The name of the Rutgers hiring department
- Position title
- Job duties, specifically listing teaching duties and the subject field being taught and;
- Minimum job requirements
- Name and contact information of faculty/staff member to whom potential applicants can contact with questions
- Specific statement regarding the academic or professional degree required for the job and include the field or fields of study required (i.e. "Must have Ph.D. in chemistry or biochemical engineering.")
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, 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. For example, if the advertisement states "Ph.D. 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.
Guideline 5: Final Report +
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.
Guideline 6: PERM Application Submissions +
The PERM application must be submitted to DOL within 18 months of the foreign national’s appointment. As there are additional deadlines that must be met at least one month prior to Rutgers filing the PERM application, departments should work with Rutgers Global–International Student and Scholar 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.
It is strongly recommended that the department chair write a letter to your school dean requesting a letter of support for permanent labor certification on behalf of the employee; the individual's C.V. should be attached to the letter sent to the dean requesting an endorsement in the form of a letter of support. The letter should include, at a minimum:
- A statement of the individual's qualifications, skills, and credentials
- A description of recruitment efforts undertaken to fill the position
- An explanation of the role the individual will play in the department and what contribution s/he has already made or is expected to make to the department