Ruling Backs Online Ads to Win Right to Hire Foreign Professor

July 22, 2011

An appeals board of the U.S. Department of Labor this week issued a ruling backing the right of the University of Texas at Brownsville to use online advertising to show that it had attempted to recruit an American for a position for which it wanted authority to hire a non-citizen. An FAQ from the Office of Foreign Labor Certification has said that an employer must use a print advertisement for such purposes. But the Board of Alien Labor Certification Appeals ruled that the regulations on this subject do not require a print ad, so the FAQ cannot be relied upon. Further, the board found that the official who rejected the Brownsville request to be certified based on an online ad offered "no rationale or explanation as to why an electronic national professional journal is somehow inadequate." Full disclosure: The ad that Brownsville fought to get certified ran in Inside Higher Ed, which as an online publication stands to benefit from the ruling because it ends a motivation for some institutions to advertise some positions in print.

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