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Labor Certification Under PERM - Frequently Asked Questions

50.

Is the employer permitted to accept alternative job experience/qualifications?

Yes, an employer may specify alternative experience or qualification requirements, provided the alternative requirements and primary requirements are substantially equivalent to each other with respect to whether the applicant can perform the proposed job duties in a reasonable manner. This is the standard developed by the Board of Alien Labor Certification Appeals in Matter of Francis Kellogg.

Note: Even when the employer’s alternative requirements are substantially equivalent, but the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s alternative requirements, the alternative requirements will be considered unlawfully tailored to the alien’s qualifications unless the employer has indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.

51.

Are college and university teacher occupations included in
Schedule A?

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 U.S. fall under Schedule A, Group II, Sciences or Arts.

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52.

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?

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.

53.

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?

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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