A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).
Prior to submitting a labor certification application, the U.S. employer is required to conduct a PERM recruitment process for the available position. The PERM recruitment process must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment.
It also has been put in place to ensure that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The DOL has specific regulations that direct the recruiting efforts required for sponsoring an employee.
Firstly, the PERM recruitment requires an employer to differentiate between a professional and non-professional position. This distinguishment directs the minimum level of education required for a classified professional or non-professional.
The minimum level of education for a classified professional is a Bachelor’s degree; however, the Department of Labor may classify an available position as a professional occupation whether the employer originally indicated it or not. The specific DOL regulations direct the types of recruitment and the content of the advertisements.
Recruitment Processing Time
The PERM recruitment processing time will vary depending on the position and whether it is categorized as a professional or non-professional. U.S. employers filing for the regular PERM Labor Certification must submit recruitment documents at least 30 days, but no more than 180 days, before the filing of the application.
If the documents are filed past due or the recruitment process is conducted inaccurately the application has a high risk of denial.
PERM Recruitment Requirements (Professional)
Mandatory Recruitment Requirements for Professional Careers:
- The U.S. employer is required to place the job order with State Wage Agencies (SWA) in the area of possible employment for a period of 30 days, AND
- Two print advertisements must be placed on two different Sundays in a paper of general circulation. If the occupation is positioned in a rural area without a regular Sunday newspaper, the U.S. employer is able to publish the ad in a newspaper with wide circulation. The U.S. employer may publish the ad in a professional journal if the position requires an advanced degree and specialized skill-set.
- Additional Recruitment Steps (An employer must use 3 additional recruitment steps from a list of 10 alternatives provided by the DOL):
- Job fairs;
- Employer’s website;
- Job search website other than the employer’s;
- On-campus recruiting;
- Trade or professional organizations/publications;
- Private employment firms;
- Employee referral programs with incentives;
- Campus placement offices (While the preamble limits this to opportunities that require a degree but no experience, the final regulations are silent on this point);
- Local and ethnic newspapers (The preamble limits this “to the extent they are appropriate for the job opportunity.”); and
- Radio and television advertisements.
PERM Recruitment Requirements for Non-Professional:
- Place a job order with the local SWA serving the area of intended employment for a period of 30 days; and
- Place two Sunday newspaper advertisements.
The PERM recruitment advertisement for the available position is not mandated to list an in-depth description of job responsibilities. However, it does need to be clear and precise.In addition, the job requirement shall not be tailored to the worker’s qualifications and must adhere to the industry norm.
Furthermore, the job description shall not be unduly restrictive – unless compelled by business necessity.
The employer must promptly respond to any qualified resumes or applications submitted for the advertised position. Failure to manage all inquiries, résumés, job applications and interviews for all qualified applications can negatively impact the PERM process.
PERM RECRUITMENT ADVERTISEMENT REQUIREMENTS:
- Employer Name
- Employer Address
- Employer Contact Information
- Detailed Description of Job Responsibilities
- Wage- Must be equal or beyond Prevailing Wage
How Our Immigration Lawyers Can Help:
- Our immigration lawyers are experienced in verifying advertising requirements based on Department of Labor standards. We are capable of assisting employers in meeting critical deadlines to prevent application denial and
- Our PERM lawyers are able to help clients determine the precise qualifications required of the available position. Our skilled attorneys are able to assist clients with all requirements mandated by the PERM process.
To learn more about how we can help with the PERM recruitment process, contact our experienced attorneys for a comprehensive Immigration Consultation.