This type of labor certification is used for professors at colleges and universities, and for aliens of exceptional ability in the performing arts.  It differs from ordinary labor certifications in that the alien worker is shown to be more qualified than any US worker who applied for the position, and in the way the application is processed by the state and federal labor departments.  The process for professors and performing artists is by and large the same, although there are some important differences.

The purpose of a traditional labor certification, whether filed as an application for reduction in recruitment or with state supervised advertising, is to satisfy the Department of Labor that there are no qualified US workers available.  The fact that the foreign national might be better qualified cannot be used as a reason to not offer the job to the US worker.  In a special handling labor certification, the employer is not required to offer the job to a US worker who is not as qualified as the foreign national.

For college and university teachers, the school must conduct a competitive recruitment for the position offered to the alien.  The school demonstrates that it meets this requirement by submitting the following to the Department of Labor:

• A statement from the employer, signed by a hiring official, outlining the recruitment procedure, the number of applicants for the position, the specific reason the alien was better qualified than each applicant, and the final report of the selection committee of the school;
• A copy of at least one advertisement for the position run in a national professional journal;
• Evidence of other recruitment;
• A statement of the alien’s educational and professional qualifications and achievements; and
• Evidence that notice of the open position was posted at the work location

The labor certification must be filed within 18 months after recruitment for the position begins.

A special handling labor certification for an alien with exceptional ability in the performing arts must demonstrate both recruitment efforts and that the alien possesses exceptional ability.  This is show by submission of the following:

• A copy of at least one advertisement for the position placed in a suitable national publication, along with a detailed report on the results;
• Evidence that unions traditionally used for recruiting in the performing arts were contacted and unable to provide any worker as qualified as the alien;
• Evidence of the alien’s exceptional ability, such as published material about him or her, playbills, the reputation of organizations that previously employed the alien, the alien’s ability to command a high salary, etc.

The evidence should come from the past year, although older evidence can be used to demonstrate exceptional ability.  Unlike other labor certifications, which, after processing at the state level are sent to a regional office of the US Department of Labor, special handling applications for performing artists are sent to the national Labor Department office.