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Position Descriptions and Ads for Permanent Residency Sponsorship - Teaching Positions

The requirements below help ensure that position descriptions and job advertisements adhere to Department of Labor requirements for candidates who might qualify for a W&M sponsorship for permanent residency in the “EB-2 Labor Certification – Teaching Positions” category. This category is also often referred to as PERM Labor Certification - Special Handling.

The permanent residency sponsorship process must be initiated with the Office of International Students, Scholars & Programs no later than 6 months after the offer letter is issued to meet Department of Labor requirements and deadlines. 

Position Description and Advertisement Language

The position and advertisement content must meet Department of Labor requirements:

  • Position is full-time, permanent, and involves classroom instruction (i.e., teaching duties).
  • Specifies the location of the job, including the city and state.
  • Include only qualifications essential to the position. If possible, avoid using preferred qualifications. In the context of a permanent residence application, the Department of Labor will consider all education, experience, etc. listed in the ad to be requirements, even if the ad says they are preferred.
  • The educational degree required is clear. Including qualifying language such as “Applicants must hold a Ph.D. in [degree] or a related field at the time appointment begins on [date]” helps to clarify the educational requirement.
Advertising Requirements
  • Advertisements must be posted in at least one national professional journal (e.g., HigherEdJobs, Chronicle of Higher Education), either print or electronic. If it is an electronic medium, it must be an actual journal and not just a compilation of job postings.
  • Advertisements must run at least 30 calendar days.
  • If a hiring unit wishes to advertise in multiple outlets, all duties and requirements must be consistent across advertisements.
Advertising Documentation

The employer must document:

  • the name of the electronic or print national professional journal
  • the start and end dates of the placement of the ad
  • the text of the ad

Examples of documentation include:

  • Print ads:
    • Copies of the full pages of each publication on which the ads appear. The name of the publication and the date it was published must be documented.
    • Copies of invoices, receipts or an affidavit showing the posting start and end dates.
  • Electronic ads:
    • Printouts or screen shots of the full ads as they appear on the journals’ websites. Printouts or screen shots must include the site URL and print dates.
    • Copies of invoices, receipts or an affidavit showing the posting start and end dates.

Questions? Contact [[ywong,Eva Wong]], Director of ISSP