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Required Recruitment under PERM

The recruitment required under PERM depends on whether the occupation for the job offered is a “professional” job. The employer must maintain documentation of the recruitment and be prepared to submit this documentation in the event of an audit. Copies of labor certification applications filed with the Department of Labor (“DOL”) and all supporting documentation must be retained by the employer for 5 years from the date of filing the labor certification applications.

For a professional job

A professional job is a job for which the attainment of a bachelor’s or higher degree is a usual education requirement. The DOL published a list of professional occupations in Appendix A to the PERM rule. If it is a professional job, the following recruitments are required:

  • 2 ads on 2 different Sundays in the newspaper of general circulation in the area of intended employment. Both ads must be published at least 30 days prior to, but not more than 180 days before the filing of the labor certification application with the DOL. The ads may be placed on consecutive Sundays. If the job requires experience and an advanced degree, the employer may use a professional journal in lieu of one of the Sunday ads.
  • On-site posting of the job opportunity for at least 10 consecutive business days or notice to the bargaining representative, if any. The notice period must be between 180 and 30 days before filing of the application. The notice must contain the salary, but may contain a wage range, so long as the lower level of the range meets or exceeds the prevailing wage.

In addition to printed posted notice, the employer must use any and all in-house media, whether electronic or printed, in accordance with normal procedures used for recruitment for similar positions in the organization. Duration of the in-house media notification may be as long as other comparable positions are posted.

  • Placement of a job order for 30 days with the State Workforce Agency serving the area of intended employment. For example, if the job site is in California, you should place a job order at http://www.caljobs.ca.gov. The job order must be placed at least 30 days prior to, but not more than 180 days before the filing of the labor certification application with the DOL.
  • At least 3 additional steps from the following 10 alternatives:

  1. job fairs;
  2. employer's web site;
  3. job search web site other than employer’s (Web pages generated in conjunction with the required newspaper ads now counts as a web site other than the employer’s);
  4. on-campus recruiting;
  5. trade or professional organizations;
  6. private employment firms or placement agencies;
  7. an employee referral program, if it includes identifiable incentives;
  8. a notice of the job opening at a campus placement office, if the job requires a degree but no experience;
  9. local and ethnic newspapers, to the extent they are appropriate for the job opportunity; and
  10. radio and television ads.

The additional recruitment steps must take place no more than 180 days before filing of the application. Only 1 of the 3 additional recruitment steps may take place within 30 days of filing.

For a non-professional job

  • 2 ads on 2 different Sundays in the newspaper of general circulation in the area of intended employment. Both ads must be published at least 30 days prior to, but not more than 180 days before the filing of the labor certification application with the DOL. The ads may be placed on consecutive Sundays. If the job requires experience and an advanced degree, the employer may use a professional journal in lieu of one of the Sunday ads.
  • On-site posting of the job opportunity for at least 10 consecutive business days or notice to the bargaining representative, if any. The notice period must be between 180 and 30 days before filing of the application. The notice must contain the salary, but may contain a wage range, so long as the lower level of the range meets or exceeds the prevailing wage.

In addition to printed posted notice, the employer must use any and all in-house media, whether electronic or printed, in accordance with normal procedures used for recruitment for similar positions in the organization. Duration of the in-house media notification may be as long as other comparable positions are posted.

  • Placement of a job order for 30 days with the State Workforce Agency serving the area of intended employment. For example, if the job site is in California, you should place a job order at http://www.caljobs.ca.gov. The job order must be placed at least 30 days prior to, but not more than 180 days before the filing of the labor certification application with the DOL.

Recruitment Report

The employer must prepare a signed recruitment report including the following information:

  • Recruitment steps taken;
  • Results achieved;
  1. Number of responses;
  2. Number of applicant contacts;
  3. Number of interviews;
  4. Number of no shows.
  • Number of hires;
  • Number of U.S. workers rejected, categorized by lawful job related reasons for rejection;
  • Explanation of why no one was able to acquire skills in a reasonable amount of time/why the amount of time it would take is not reasonable.

In case of audit, the Dept. of Labor may request copies of resumes, sorted by the reasons for rejection.

An applicant’s failure to meet the employer’s stated minimum requirements is a lawful reason for rejection. However, if a worker lacks a skill that may be acquired during a reasonable period of on-the-job training, the lack of that skill is not a lawful basis for rejecting an otherwise qualified worker. The final rule does not specify what constitutes a reasonable period because the training period may vary by occupation, industry, and job opportunity.


 

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