Hello. A foreign university professor (me) with teaching duties is looking to obtain a green card. Under the special handling regulations (20 CFR 656.18) or the PERM guidelines (20 CFR 656.17) the foreign worker must be the most qualified applicant (i.e. more qualified than any U.S. worker).
1) If a more qualified (super qualified) U.S. worker is offered the job and declines, does he/she still prevent the labor certification for the less qualifed foreign worker just by virtue of applying?
2) If that super qualified U.S. worker applies to many schools, can he/she then prevent the labor certification for foreign workers at all the schools he/she applied to?
Anyone have ideas on this? Many thanks.
1) If a more qualified (super qualified) U.S. worker is offered the job and declines, does he/she still prevent the labor certification for the less qualifed foreign worker just by virtue of applying?
2) If that super qualified U.S. worker applies to many schools, can he/she then prevent the labor certification for foreign workers at all the schools he/she applied to?
Anyone have ideas on this? Many thanks.
Last edited by a moderator: