Employment-Based 2nd Preference (EB-2) as Special Handling of the Labor Certification Application

The provision of the law permits Montclair State University to file a labor certification application based on the results of a recruitment search and hiring that has already taken place. The deadline for filing the Labor Certification Application is no later than 18 months after the date of the initial offer letter. This type of application is ideal for a new faculty member with limited professional experience who might not yet qualify for the Outstanding Professor or Research Category.

To qualify for processing of an EB-2 Special Handling (PERM) at Montclair State University, the case must meet the following criteria:

  1. The position must be a tenure-track faculty position (as per Montclair State policy)
  2. The position must include teaching duties
  3. The job ad for the position must have been posted in a print national journal such as The Chronicle of Higher Education
  4. The print journal ad must include at least the following information: job title, duties, and requirements for the position. Job duties can be described generically, e.g., "teaching and research in Sociology," but advertisements must be very specific in stating that 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 MSU 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."

The faculty hired for the position must have met the minimum requirements including the degree required by the date on the inital offer letter. However, if the print ad specifies that the degree required for the position must be attained by the date of appointment, then the faculty member must have had the required degree by the first day of the academic year - usually September 1.

Montclair State Hiring Official must submit a lengthy list of criteria according to specific instructions. See a complete step by step list of instructions and document preparation examples.

The Faculty member must complete the Special Handling Information Sheet and submit it during an appointment with the required attachments.

For more information or to schedule an appointment, call 973-655-6862 or email international.services@montclair.edu