Recruiting International Candidates

When UC San Diego advertises to fill faculty positions, any non-US citizen/permanent resident workers who apply and are selected for a position must become permanent residents in order to remain on the faculty indefinitely at UC San Diego.  If recruitment efforts are done proactively to accommodate the potential of an international faculty hire, UC San Diego has the option of following the Labor Certification process to employ them permanently.  If recruitment efforts do not meet Labor Certification requirements, UC San Diego no longer has this option and must choose to either 1) engage in a completely new recruitment effort, or 2) pursue the “Outstanding Researcher” permanent residency option, which is much more resource-intensive for the sponsoring department and less certain of a favorable outcome. The International Faculty & Scholar Office makes the following recommendations for departments interested in proactively accommodating for potential international faculty hires in their job advertisements:

Items Required by the U.S. Department of Labor (DOL)

  1. 1.    Job Title (e.g., “Assistant Professor,” “Associate Professor” or “Assistant, Associate, or Full Professor, depending upon qualifications”)
  2. Job Duties
    1. Should include the word “teaching;” requiring “teaching” as a job duty allows the employer to select the most qualified applicant from a national recruitment effort, as opposed to a minimally qualified US worker
  3. Job Requirements
    1. Should establish what the minimal requirements are; e.g., “Master’s”, “PhD” or “ABD” or “advancement to candidacy,” as well as the appropriate field/related fields the degree should be in.  Any “must have” statement, e.g., “must be board-certified in…” becomes grounds for denial of the labor certification if the candidate does not have that requirement at the time of SELECTION.
    2. Required items should be quantified (e.g., “two years of experience in…” rather than “experience in…”)

Electronic Job Posting

A relatively new US Department of Labor ruling allows employers to use electronic postings in the place of print ads, IF certain conditions are met:

  1. The electronic posting must be in a national professional journal that is directly related to the field for which the job is advertised.  A jobs-only website that is not easily understood to be a national professional journal online is grounds for denial.
  2. The electronic posting must indicate the three requirements listed above: Job Title, Job Duties, and Minimum Job Requirements at the INITIAL URL.  If the ad redirects to another URL without indicating these minimum items, such redirection would be grounds for denial.
  3. We must have print evidence of the 30-day posting requirement—ideally, we should have a print-out from the first and thirtieth (or later) days of the posting.  Barring this, we should have, in addition to a copy of the posted ad, an invoice that unequivocally confirms that the ad was posted on the website for at least 30 days.

An example of an online national professional journal used successfully for labor certifications by other institutions is the Chronicle of Higher Education.  UC San Diego has only recently used an electronic ad for a labor certifications; it is still pending.

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