Applications for Labor Certification

Applications for Labor Certification

Abstract:
Hiring of an alien for a permanent faculty or non-faculty position requires approval from the appropriate persons. This approval must certify that the alien is the best qualified applicant for the job. In the case of non-faculty positions, the approval must certify that no minimally qualified U.S. citizen in available to take the position.
Effective Date:
9/30/1986
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff, Students
Material Original Source:

The University of Alabama at Birmingham

APPLICATIONS FOR LABOR CERTIFICATION

September 30, 1986



Background

 


Hiring of an alien as a permanent employee has serious implications since the alien then may receive a permanent resident visa and, ultimately, may displace an American citizen or United States resident. For that reason, the United States Department of Labor requires that employers submit an Application for Labor Certification requesting Department of Labor approval of the offering of permanent employment to an alien. Until now there has been no requirement at UAB that a hiring department must obtain any particular approval to initiate the process, nor has UAB policy required that the appli­cations must be completed, reviewed, or mailed from a central office. Recently, the Department of Labor adopted a policy requiring that applica­tions must be signed by the Chief Executive Officer of the University.



Policy Statement

 


Supervisors who propose to hire an alien in either a permanent faculty or non—faculty position must first request approval of the proposal from the appropriate department head, dean, and senior vice president. Such approval must be requested in writing and must contain certification that, in the case of faculty positions, the alien is the best qualified applicant for the job. In the case of non—faculty positions, the proposal must certify that no United States citizen with the minimal qualifications is available to do the job. Proposals to hire aliens should only be approved in rare circumstances, particularly for non—faculty positions. As a general policy, the University should encourage foreign scholars to return to their home countries to apply their knowledge and experience.


If a proposal to hire an alien is approved, the person authorized to offer employment to the alien will complete an Application for Labor Certification. Assistance with preparing the application and associated documentation may be obtained from the Office of Visiting International Scholars. The completed application and documentation, including the appropriate approvals of the proposal to hire an alien, will be forwarded for review to the Office of the University Counsel and to the Senior Vice President for Administration. After review by them, the application will be forwarded to the President for review and approval. The Senior Vice President for Administration is responsible for maintaining records of all applications and for forwarding completed applications to the Alabama Department of Industrial Relations.