| Element | Requirement |
| Posted where? | Either a national print journal or electronic or web-based journal. The Chronicle of Higher Education meets these requirements |
| Posted for how long? | Not less than 30 full days |
| Required documentation |
|
| Recommended documentation |
|
| Required Details in the Ad |
|
| Qualification Type | Examples | Guideline | Preferred Phrase, if applicable |
| Qualifications that are "Tangible" Things |
|
Must state the deadline by which the candidate fully receives this thing |
"... by the start of the appointment." "ABD is acceptable provided the degree is conferred by the start of the appointment." |
| Eligibility for Tangible Qualifications |
|
Acceptance of eligibility, rather than the full qualification itself, must be clearly stated in the ad |
"... Board Certification by the start of the appointment, or eligibility for Board Certification ..." "... License by the start of the appointment, or license eligibility ..." |
| Qualifications that are "Records" |
|
There is an apparently irresistible impluse to add an adjective to the front of this requirement. (Strong record of external funding / substantial record of publication ...). Do not do it. List the item without a modifier or adjective. |
"... publication record." "... record of external funding." |
| Qualifications that are Technical Skills |
|
These are ideal. The chosen candidate must be able to document these skills, such as through publications, letters verifying past employment, coursework, etc. |
These are fine being listed as the department chooses |
| Qualifications that are Soft Skills |
|
Soft skills are inherently subjective. A qualification that is subjective renders the ad unusable for immigration purposes. Rephrase to focus on the specific experience or documentation the search commitee might look for. |
Do not list soft skills. "... evidence of past collaborations" "... positive teaching reviews" "... teaching awards" |
| Qualifications that are Emotions |
|
A qualification that is an emotion renders the ad unusable for immigration purposes. Rephrase to focus on the specific experience or qualification the search commitee might look for. |
Do not list emotions. "... experience in teaching, instruction or mentorship" "... past participation in online or hybrid course or material development" "... past application of [discipline] pedagogy and best practice ..." |
| Qualifications that are Job Duties | Statements such as
|
A statement that is both a job duty and an implied requirement renders the ad unusable for immigration purposes. See also the discussion in the next accordion row for use of the term "ability" |
Do not combine duties and requirements into one statement. The ad must clearly state each of (1) duties and responsibilities, and (2) qualifications. |
| Required versus Preferred Qualifications |
|
The chosen candidate must satisfy all required and all preferred qualifications, to be able to utilize the ad for EB-2 Special Handling permanent residence processing. Long lists of potential elements run of the risk of complicating the opportunity to the point that the government might conclude that
|
Be sure that it is theoretically possible for one human to meet all preferences. Be aware that listing a lot of preferences might increase the required immigration wage rate. |
| Specific Specialties |
|
These are preferences. We recognize that these are essential statements to attract candidates of interest. However, because these are preferences, the chosen (international) candidate must meet all preferences, in addition to all stated requirements. |
Be sure that it is theoretically possible for one human to meet all preferences. |
| Past Example of Actual Advertisement Statement | Reason this is Problematic | ISS perspective |
| Ability to... | This is putting the burden of assessing competence on the applicant. There is no way for the applicant to understand how the employer might perceive 'ability' |
Ads with subjective requirements cannot be used as the basis for an EB-2 "Special Handling" permanent residence process. We recommend re-phrasing this in terms of the concern. "Candidates must provide documentation of teaching success, such as past teaching reviews or awards" |
| Commitment / strong committment | This is a subjective element, but ISS understands this is a standard term within academia. We recommend using only "commitment" without modification (i.e do not use "strong commitment"). Alternatively, think about rephrasing from the perspective of the documents the search committee might look for in its assessment of this element. |
"The ideal candidate will have past experience teaching, instructing or mentoring undergraduate students." (Preferred by ISS) "Candidates must demonstrate commitment to teaching." (Accepted by ISS provided the chosen candidate has documentation to respond to this statement) |
| Communication skills / Written and oral communication skills... | This is a subjective element. What might be considered demonstrated or excellent communication is inherently subjective. This element also is susceptile to mis-use, such as to eliminate diversity candidates whose manner of communication is different than typical within midwestern Indiana |
Ads with subjective requirements cannot be used as the basis for an EB-2 "Special Handling" permanent residence process. We recommend re-phrasing this in terms of the concern. "Candidates must provide documentation of teaching success, such as past teaching reviews or awards" "Candidates must demonstrate prior experience within cross-disciplinary collaborations" |
| Demonstrated / Documented ... | The government will understand this to mean a documented accomplishment or achievement, which might be a higher threshold than that understood by the search committee |
This is accepted by ISS provided the chosen candidate has documentation to respond to this statement "Candidates must have a record of publication" |
| Emerging record ... | The government has no way of assessing whether a candidate's record is "emerging" or not |
Omit the adjective. State merely that a record [of publication / extrenal funding / etc.] is required and allow the search committee to interpret for themselves whether the threshold is met. "... publication record." "... record of external funding." |
| Enthusiasm for... | This is a subjective element. Enthusiasm cannot be measured objectively |
Do not use emotions for qualifications. Rephrase in terms of the elements the searrch committee will look for within the candidate's application that might suggest such enthusiasm. "The ideal candidate will have past experience teaching, instructing or mentoring undergraduate students." |
| Excellence in / demonstrated excellence in |
This creates a higher evidentiary standard. This will be interpreted by the government through documentation, such as a documented research agenda, publications, past employment, teaching awards or ratings, etc. The candidate is unlikely to be considered 'excellent' unless the documents suggest a level of success that is not average. There is an inherent risk to using this adjective because the government's assessment of whether a candidate has acheived "excellence" or "demonstrated excellence" might be very different (higher) than the search committee. |
Do not use aggrandizing adjectives, but refer directly to the qualification. The search committee can decide for itself whether the candidate reaches a level of "excellence" or not. "Candidates must have a record of research and teaching..." |
| High Likelihood of | The is both subjective, and creating a higher evidentiary standard. The government has no way of assessing whether there is a "highly likelihood" or not, but will expect there to be documentation present to evidence this 'liklihood'. Additionally, this creates risk because the government's assessment of when there is a "high likelihood" might be very different than the search committee. |
ISS will reach out to the search committee for assistance in evaluating the situation. However, we recommend re-thinking this requirement in terms of the concern. For example, if the search commitee is looking for candidates with a high liklihood of obtaining external funding for their research, consider asking for demonstration of past involvement in funded endeavors, past participation in applying for external funds, or involvement in areas that are trending toward funding. |
| Passion for ... | This is a subjective element. A passion cannot be measured objectively | Do not use emotions for qualifications. Rephrase in terms of the elements the searrch committee will look for within the candidate's application that might suggest such enthusiasm. "The ideal candidate will have past experience teaching, instructing or mentoring undergraduate students." |
| Potential for ... |
We recognize that this is a customary statement in academia. However, it also is inherently subjective. The government has no way of assessing whether there is "potential" or not, but will expect there to be documentation present to evidence this 'liklihood'. The chosen candidate must be able to document the required potential, such as through publications, letters verifying past employment, coursework, etc. Additionally, this creates risk because the government's assessment of when a candidate holds "potential" might be very different than the search committee.
|
ISS will reach out to the search committee for assistance in evaluating the situation. However, we recommend re-thinking this requirement in terms of the concern. For example, if the search commitee is looking for candidates with potential for publication, consider asking for demonstration of working papers, co-authorship, or other documented activities. |
| Proven ... | The government will understand this to mean a documented accomplishment or achievement, which might be a higher threshold than that understood by the search committee |
This is accepted by ISS provided the chosen candidate has documentation to respond to this statement "Candidates must have a record of publication" |
| Qualifications suitable for the rank | This is putting the burden of assessing competence on the applicant. There is no way for the applicant to understand how the employer might perceive what is "suitable for the rank" |
Ads with circular requirements cannot be used as the basis for an EB-2 "Special Handling" permanent residence process. "Salary will be commensurate with the candidate’s qualifications and experience." |
| Strong ... / substantial ... |
This creates a higher evidentiary standard. |
Do not use aggrandizing adjectives, but refer directly to the qualification. (See the above accordion row for more informaiton about how to list qualifications.) The search committee can decide for itself whether the candidate reaches a level of "strong" or "substantial" or not. "Candidates must have a record of research and teaching..." |
| Success / demonstrated success |
"Success" will be interpreted by the government through documentation, such research findings, publications, funding, teaching awards or ratings, etc. |
This is accepted by ISS provided the chosen candidate has documentation to respond to this statement. However, we recommend re-thinking this requirement in terms of the concern. "Candidates must have a record of publication" "Candidates must provide documentatoin of teaching success such as past teaching reviews or awards" "Candidates must demonstrate receipt of external funding including but not limited to travel awards, grant funding or..." |
ISS evaluates the terms and statements of the ads in comparison to the (potential or actual) chosen candidate. We seek to proactively avoid situations where the chosen candidate likely will lack the necessary documentation to show that all qualifications in the ad were fully met by the stated deadlines.
We must evaluate the total ad - all statements within the ad, and not merely those that might appear under the header of "Requirements" or "Duties". All background information provided by the department in the ad is considered part of the presentation of the opportunity to the US labor market.
The evaluation is with respect to three questions:
Once we submit an application to the government, its role is to independently evaluate these elements. The government looks to documents to assess whether a qualification is met. A search committee opinion cannot substitute for an absence of documentation. The government can and does deny permanent residence applications based on its evaluation of these three elements. The use of subjective or non-specific terms increases the liklihood the government will substitute their opinion for the employers, with respect to a specific chosen candidate.
|
Element |
Importance |
|
The Posting of the Advertisements |
|
|
Published in national print journal, or electronic or web-based journal including but not limited to the Chronicle, for 30 days |
Required |
|
Viewable without the payment of an additional subscription and/or membership charge |
Required |
|
Online advertisements are not pointer ads referring applicants to another location for job details |
Required |
|
Copy of advertisement in national print journal, or electronic or web-based journal with footer showing URL of publication |
Required |
|
Copies of all other advertisements |
Recommended |
|
Documentation of the dates each advertisement ran |
Required |
|
Copies of invoices |
Recommended |
|
Copies of other promotion of the opportunity, such as but not limited to listserv distribution |
Recommended |
|
The Content of the Advertisements |
|
|
Rank(s) listed |
Required |
|
No more than two ranks included |
Recommended |
|
Duties listed |
Required |
|
Duties include teaching or commitment to teaching |
Required for teaching faculty |
|
Degree level(s) listed |
Required |
|
Degree discipline(s) listed |
Required |
|
“or related” included after education statement |
Recommended |
|
ABD or other modifications of when the degree requirement must be fulfilled, if any |
Required |
|
If professional experience is required, quantify this requirement (eg. 2 years…) |
Recommended |
|
All listed elements reflect the true requirements of the role and committee |
Recommended |
|
All listed preferences may potentially be fulfilled by a single human being |
Recommended |
|
No statements of unmeasurable qualities, non-objective requirements or requirements suggesting bias toward considerations related to immigration status/citizenship status/national or ethnic origin |
Recommended |
International Scholar Services strongly recommends that search committees use rubrics / evaluation instruments through the search to aid in documenting objective and unbiased evaluation. Teaching or experience presentations are particularly easy venues where such tools may be used.
ISS keeps current a guidance document (titled Immigration Sponsorship for International Faculty, located here: www.purdue.edu/provost/faculty/documents/dept-heads-overview-Immigration-sponsorship-Interview-packet.pdf) that should be included in the packet of information that is given to all faculty candidates who are interviewed on campus. Distributing this document to all international faculty candidates along with the formal offer letter is also expected.
International Scholar Services recommends that search committees include the Director, International Scholar Services, as an optional meeting for applicants either in-person during their interview dates on campus, or virtually at their convenience. Such a meeting ensures that international applicants have accurate and current information about the immigration services that will be provided and can identify any obstacles to be navigated through the immigration process, but independent of the search committee’s considerations of the applicant. Such meetings tend to alleviate any anxiety applicants might feel about the US immigration process (which is generally perceived negatively world-wide) and/or about the situation being faced by accompanying family members.
Finalists for searchs may be directed to the "Immigration Services for New Faculty" webpage within the ISS website, to access a QR Code or Bookings Link. Either of these will enable the finalist to schedule time with the Director, International Scholar Services, to discuss immigration issues, questions and timing.
Between 35% and 45% of permanent residence filings may be audited by the Department of Labor. If audit occurs, the audit will require production of all documentation relating to the search and selection, including all documentation of-
Purdue University receives far fewer audits than the norm; however, compliance with the law relating to permanent residence sponsorship is still essential, not only to ensure that Purdue maintains a reputation of compliance but also to ensure that international faculty members are not disadvantaged in their progress toward permanent residence by non-compliant search documentation.
Failure to produce any of the expected documentation will be viewed negatively by the DOL.
Historically, search committees have been unable to provide all the required documentation to International Scholar Services when audits have occurred in the past. The most common failures include-
International applicants often have international family, who also must navigate the US immigration process.
In general, US immigration recognizes only formal marriages and not common-law or civil relationships, and the dependent immigration status available to spouses does not include work authorization. As a result, faculty partners often must independently be sponsored for work authorization, which usually involves an H-1B visa status.
International Scholar Services works closely with the Dual Career office to support accompanying spouses, including-
If the chosen candidate is international and requiring sponsorship, then the offer must additionally satisfy immigration wage rules arising from both H-1B and permanent residence laws. In certain colleges and/or disciplines, a significant portion of applicants of interest are international. Purdue policy is therefore to ensure that all offers are in compliance with immigration wage rules.
There are two separate analyses required by immigration law: (1) a comparison of the offer to US DOL wage statistics, called the ‘prevailing wage analysis’ and (2) a comparison of the offer to comparable existing employees within Purdue, called the ‘actual wage analysis’. The law requires that the international candidate be offered a wage no less than the higher of these two analyses. Of the two, for Purdue’s West Lafayette faculty, only the prevailing wage analysis is occasionally problematic.
International Scholar Services and the Office of Institutional Equity partner to support the completion of immigration wage analyses ‘invisibly’, during the OIE advertisement review and approval process. Specifically-
More information about requesting an immigration wage analysis (if necessary) is described within this website, in the Quick Summaries of PISA Services, at the bottom of the Services accordion.
As a result, when committees select their chosen candidate, the threshold wage will already be in the SuccessFactors record for the search. No additional requests will be needed. Departments should be able to proceed directly to issuing their offers.
There are three possible ways the prevailing wage analysis will impact the offer:
If the offer is below the wage threshold, departments may offer summer salary or other temporary wage supplements so that the total remuneration received by the candidate is no less than the prevailing wage threshold. The base AY wage offer may not be increased. Offer letters should specify that the summer or other wage supplements are temporary; the recommended duration is five years.
The offer letter templates maintained by the Provost’s Office include all requirements for offers made to international faculty. These templates are located here.
Offers to international tenured and tenure-track faculty are made on the ‘International Tenure / Tenure-Track’ faculty template. Offers to clinical and professional faculty are made on the ‘Clinical / POP” template; the template does not need to be amended to include ‘international’ language.
Once an offer is made and accepted, if the chosen candidate then is determined to be international, the department must immediately notify International Scholar Services.
H-1B processing therefore takes not less than 4 months for international candidates who are outside the USA. During the late spring and summer, when International Scholar Services (and US Consulates) are faced with peak demands for immigration processes, H-1Bs might take up to 5 – 6 months.
Submitting the request to International Scholar Services for the required immigration processes is therefore essential to ensure that the candidate is able to start their appointment on time. Please see the PISA Resource page for your College to determine the next steps in initiating a request with PISA
Permanent residence laws contain multiple sequential deadlines. The ‘permanent residence clock’ begins at the moment the offer is accepted, and NOT when the appointment starts. It therefore is critical that International Scholar Services is notified of the acceptance of an offer by an international candidate immediately.
As noted above, the law has multiple strict requirements for permanent residence processing. If there is a failure at any stage to meet legal requirements, then Special Handling permanent residence is no longer available.
Instead, the Department must pursue an alternative path to permanent residence for the chosen candidate, called “Re-Selection”. Re-Selection is an artificial labor market test that meets the specific (more narrow) permanent residence requirements for university teachers. The Department must place a 30-day advertisement in the Chronicle or other electronic journal, form a search committee that objectively reviews and evaluates all applicants, ‘re-selects’ the chosen candidate as the best qualified candidate for this search, and then moves forward with the legal paperwork as would have been the case with a Special Handling process.
Re-Selection is a legal procedure for verifying a prior selection; it is NOT a new hiring process: it does not proceed through SuccessFactors, and does not result in a new offer letter to the previously-chosen candidate.
Issues that prima facie prevent pursuit of Special Handling and instead require Re-Selection include-
Other problems that might develop during a permanent residence process and require a shift to Re-Selection include-