PERM Advertising Requirements & Process

PERM Advertising Requirements & Process

Before submitting the PERM labor certification, the petitioning employer is required to complete the proper recruitment steps for the job in questions. In regards to the process, PERM advertising and recruitment can be quite complicated due to the very stringent advertising requirements. PERM advertising regulations require that the proper recruitment steps be fulfilled for both professional and non-professional job positions. It’s necessary to note that all petitioning employers must attest to completing the PERM advertising and recruitment requirements before moving onto the application.

PERM Advertising Procedures

Below are the mandatory recruitment activities required for both professional and nonprofessional occupations.

1. Placing a Job Order 

Employers are required to place a job order with the State Workforce Agency (SWA) for 30 days. We recommend you keep printed copies of the SWA’s job posting as part of your PERM documents.

2. Ads in Newspaper/Professional Journals

You are required  to place a job ad in 2 consecutive Sunday editions of a local newspaper with wide circulation in the area of intended employment OR an ad can be placed in a relevant professional journal instead. If the position is in a rural area which does not have a Sunday edition, the employer should use the newspaper that has the widest circulation.

3. Internal (in-house) Job Posting 

Also known as a notice of filing, the internal job posting should be posted for 10 consecutive business days and if it’s a union position, proper notice must be given to the representative.

A combination of any 3 additional recruitment methods outlined below can meet the additional recruitment requirement for professional positions:

  1. Job fairs
  2. Employer’s website
  3. Job search website other than the employer’s
  4. On-campus recruiting
  5. Trade of professional organization
  6. Private employment firms
  7. Employee referral program with incentives
  8. Campus placement offices
  9. Local and ethnic newspapers
  10. Radio and television

 

Note: You don’t need to include every minute detail pertaining to the job within the advertisement but it should be thorough and include the basics like the name of the employer, address, contact information and job outline. You do not necessarily need to include the wage within the advertisement, however if you choose to include it then it should not be lower than the Prevailing Wage Determination

Non-Professional Requirements 

Non-professional positions are only required to fulfill two of the steps. Those are placing a job order with the State Workforce Agency (for 30 days) and placing the job ad in 2 consecutive Sunday newspapers.

PERM Recruitment after Advertising

Once the job has been advertised, the employer is responsible for interviewing the candidates who have met the requirements including U.S. citizens. Should the employer reject citizen applicants than you must document why in the recruitment report. The reason should be lawful and non-discriminatory. All recruitment should take place 180 days before filing the labor certification application and should be completed 30 days before filing out the application.

Due to the complexity of PERM recruitment and advertising it’s best to consult an immigration attorney to ensure the proper steps are being followed.

Documents Required by Employer

Paper documentation is required throughout each step of the process. That means the employer should have copies of resumes, applications, recruitment reports when conducting interviews, etc. The recruitment report will also detail the number of hires as well as U.S. workers not hired for the position. Be aware that there needs to be enough detail about the rejected U.S. workers for an auditor to scan if that occurs.

Boundaries When Rejecting U.S. Workers 

There needs to be clear and lawfully evidence for rejecting a U.S. worker. As the employer, you need to judge whether the U.S. applicant could fill the job with a reasonable amount of on-the-job training (if necessary). What is considered reasonable? Well, you wouldn’t expect an employer to spend seven months training a worker in one of five necessary skills.

Use your best judgement to evaluate each candidate and seek the advice of a qualified attorney for more information. There may be PERM changes quickly approaching, in line with the Obama Immigration Plan. In particular the DOL is focusing on techniques to identify shortages/surpluses as well as updating the general requirements.

How Our PERM Attorneys Can Help

PERM advertising and recruitment can be a complex process if not handled the right way. Our lawyers at SGM Law Group have a solid understanding of the regulations and can guide you from beginning to end. Ask us about our free consultations to learn more about PERM advertising or recruitment procedures.

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