When recruiting for faculty teaching positions, departments should keep in mind that if a foreign national is hired, the University may need to file a labor certification application (also known as a “PERM”) to sponsor that individual for permanent residence (a “green card”) at some point in the future. In anticipation of that need and in an effort to reduce costs charged to departments, we recommend that all departments take specific recruitment steps that are consistent with the Department of Labor (DOL) requirements associated with the labor certification process. Accordingly, below are guidelines for advertising.

  1. The position must be advertised in a national professional journal in the field. This advertising can be carried out in a print journal or an electronic one. There are specific requirements that must be met in each case specified below.
  2. All recruitment measures must be documented. This includes documentation of online postings, emails sent to listservs, and hard copy notices sent for posting at schools with programs in the field.
  3. When the labor certification (PERM) is filed, we must be prepared to submit documentation of the advertising and recruitment process to the DOL.
    • For print journals, the best documentation is the original page of the journal where the ad was placed that shows the name of the publication and date of publication.
    • If online advertising is used, the ad must be posted for at least 30 days and must be available to the The department must be able to document the start and end dates of the advertisement, as well as the text of the advertisement. To prepare for the possibility of a foreign national hire, the department should go to the journal’s website and print the advertisement, on the first, middle, and last day that the ad appears. It is very important that the print outs include the journal name, date and all language of the advertisement. Alternatively, the department may make a screen shot of the entire ad on the first, middle, and last day of the posting, and should be prepared to provide a statement about the dates of the posting.
    • For listservs, print out a copy of the email showing that the advertisement was posted on the listserv and the dates posted.
    • For notices sent to other schools, provide a list of the places this was sent, as well as a copy of the notice that was
  4. We may need to show that the advertising was paid for by the University, so keep documentation of the bills and payments.
  5. Keep documentation of all other recruitment efforts, including copies of resumes, search committee reports, interview notes and correspondence with candidates.
  6. The wording of advertisements is very important. The DOL regulations at 20 C.F.R.§ 656.18(b)(3), which covers recruitment for faculty teaching positions, require that an advertisement be placed in a national professional journal that “states the job title, duties, and requirements.” Accordingly, all University ads that may be used for a labor certification must include:
    • Name of employer
    • Place of employment (i.e. St. Louis)
    • Title of position (e., Assistant Professor, Associate Professor)
    • Duties of the position (i., teaching and conducting research in physics)
      Listing “teaching” as a responsibility is very important as it directly impacts which DOL labor certification process will be utilized.
    • Education: include the minimum degree requirement and field of study (i.e., Ph.D., Master’s degree in [insert] field). If the Department is willing to accept ABD, please contact Ariel Carpenter prior to placing the ad. If an offer can be made to someone who is in the final stages of the doctoral degree, but does not yet have the offer in hand, it is advisable to state that; for example, “Requires completion of the Ph.D. before taking up the position.”
    • Experience: Because the Department of Labor has recently issued a decision that potentially could require minimum experience to be quantified in the ad, please contact Ariel Carpenter prior to placing the ad.
    • Do not include preferences in the ad, such as “prefer previous teaching experience.”
    • Note: If you are unsure of the rank for the openings or are considering multiple openings, we recommend listing all possible titles and the corresponding minimum education/experience required. Please contact Ariel Carpenter for specific language.
Sample Advertisement

Washington University in St. Louis, Missouri invites applicants for a tenure- track Assistant Professor faculty position in the Biology Department to teach undergraduate and graduate courses, to conduct research and perform other scholarly activities, including publishing in scholarly journals, and other duties as assigned by the University. Ph.D. in Biology or a closely related field is required. Applicants should include curriculum vitae, statement of ongoing and future research goals, teaching goals, and contact information of at least three references. Applications emailed in a single file are preferred [insert contact’s email]. Mailed applications may also be sent to: [insert].