The foremost requirement for getting a green card on the basis of intended employment is to get an approval of PERM Labor Certification in the United States. While it is not required for all work green cards, it is a requirement for the popular ones. It strives to preserve the employment conditions of American citizens already in the nation, as well as to ensure that the system is not abused to allow a low-qualified foreign worker to flood the market. PERM recruitment period is a part of this process. Here you’ll find all the information about this sensitive and exact procedure.
A Quick Overview of PERM
The Department of Labor (DOL) issues a permanent labor certification that authorizes an employer to hire a foreign national in the United States. In most cases, an approved labor certification application from the Department of Labor’s Employment and Training Administration is required before a U.S. business may file an immigration petition to USCIS (ETA).
The U.S. employer or company must execute a PERM process of recruitment for the available post before filing a labor certification application. The PERM recruitment procedure must attest to the USCIS that there is an unavailability of U.S. employees who are able, willing, and qualified to take the job opportunity in the desired location.
PERM Recruitment Process
PERM labor certification process involves three steps:
- Prevailing wage determination
- Recruitment Stage
- Form 9089
The recruitment step is our subject of discussion. The Department of Labor has particular standards and recruiting efforts that govern the activities necessary to sponsor an employee.
The PERM recruitment process necessitates that an employer distinguishes between non-professional and professional employment. The minimal degree of education necessary for a designated professional or non-professional is determined by this distinction.
A Bachelor’s degree is the minimal level of education for a classified professional; however, the Department of Labor may categorize an open post as a professional occupation whether or not the employer declares it. The forms of recruitment and the ad contents are governed by various DOL laws.
PERM Recruitment Requirement Steps
Two of the main steps of the Recruitment Process are job orders coupled with two Sunday newspaper advertisements. Since there exists a distinguished line between professional and non-professional careers, the requirements for both of these also tend to differ.
Requirements for Professional organizations and Careers
- A job order must be placed by the U.S. employer with State Workforce Agency in an area where the described job exists. The task order must run for 30 calendar days in a row (including weekends). Since this deadline is of high importance, it is strongly advised that companies extend their task orders beyond 30 days, such as 35 or 36 days, to ensure that they meet the 30-day guideline.
- Two advertisements must be published in a general circulation newspaper on two separate Sundays. If the job is located in a rural location that has no Sunday newspaper, the U.S. employer can place the ad in a widely circulated newspaper. If the employment demands an advanced degree and particular skill set, the U.S. employer may place the advertisement under the journal of professional publication.
Sunday Advertisements Requirements
The Sunday ads must incorporate the following information:
- Name of the Employer.
- Address and contact information of the employer.
- Job duties and description that is precise enough to inform applicants about the role
- An indication of the job’s geographic location and any travel needs, if any.
It is evident that job advertisements do not need to include every job responsibility and need. Even the salaries need not be mentioned. The employer must, however, ensure that the advertising appropriately educates candidates about the employment opportunity.
Employers must also prepare a “posting notice,” which is a legal requirement. The goal of the posting notice is not to advertise for the specific job position but rather to notify the employer’s present employees that a labor certification is being filed. For ten consecutive business days, the posting notice must be posted at the employer’s office.
Weekends do not usually count toward this time range, but they may if the employer can demonstrate that its operations are open on weekends and that the employment routinely requires weekend hours. The job title, responsibilities, prerequisites, and an attestation confirming that the notice was posted for a period of ten days must all be included in the notice.
Additional Recruitment Steps
In addition to the above-mentioned mandatory recruiting, the employer must choose three of the ten other ways of recruitment.
These extra recruitment stages are sometimes referred to as “optional.” However, the phrasing is deceptive. The employer is required by law to pick three extra adverts. Because all of these advertisements must have the same information as the Sunday ads, most companies just use the same text in all of their PERM ads.
The available ten options for the employer are:
- Job fairs
- Employer’s website
- Job search website other than the employer’s;
- On-campus recruiting;
- Trade or professional organizations/publications;
- Private employment firms
- Provoked Employee referral program
- Campus placement office
- Local and ethnic newspapers
- Radio and television advertisements.
The three extra recruitment processes, in particular, do not have a time limit. An employer, for example, might post an ad on the official website for one day or fifteen days. Alternatively, an employer might post a one-day or one-week ad in the local newspaper.
Requirements for Non-Professional Careers
Likewise, for non-professional positions, the employer must file a job order with the help of the state’s workforce agency in the specific area of intended employment, and two advertisements in the Sunday Newspaper are mandatory.
Job Description Requirements
An in-depth explanation of work tasks is not required in the PERM recruiting announcement for the available post. It must, however, be concise and exact. Furthermore, the job requirement must comply with industry standards and not be modified to the worker’s credentials.
Furthermore, unless required by economic need, the job description should not be overly narrow.
Any qualifying resumes or applications for the posted position must be responded to immediately by the employer. The PERM process might be harmed if all inquiries, résumés, job applications, and interviews for all skilled and qualified applicants are not managed properly.
What is Supervised recruitment, and how to avoid it?
The Department of Labor (DOL) often makes use of audits for strict scrutiny. T.A. Certifying Officer (CO) will be assigned by the Department of Labor to review and evaluate your case if you are a PERM applicant. At any point during the review process, the C.O. might request a focused audit.
You cannot just withdraw your application if an audit is required; you must answer or face harsh repercussions. As a result, any PERM recruitment tactics that potentially result in an audit should be avoided.
An audit can potentially extend your PERM processing time by nine months and sometimes even a year. Although random audits are unpredictably unpredictable, targeted audits may be avoided. Having an immigration lawyer assist you with the PERM recruitment step might be beneficial.
If you do not reply to the audit notification adequately or if your response is otherwise unsatisfactory, then supervised recruitment will be requested by C.O. Under these circumstances, the Department of Labor will oversee your employer’s PERM recruitment phase, which may need a second interview.
This is a time-demanding and laborious issue that can be avoided since it is targeted rather than random. Before moving further, each stage of the recruitment process, from job advertisements to interviews, must be documented and forwarded to the DOL. The Department will need to receive all applications, job titles, job descriptions, resumes as well as reports. Even your ads and their placements will be viewed by C.O.
A possible way to save yourself from this nuisance-
To avoid this problem, cooperate with your immigration counsel to respond to audit requests swiftly and responsibly, and ensure the legal authenticity of your recruitment process. Any attempts to manipulate reports or applicants will be discovered during an audit or monitored PERM recruitment phase.
Recruitment Processing Time
The length of time it takes to process a PERM application depends on the job title, job description, and whether it is classified as professional or non-professional. Employers in the United States must submit recruitment materials at least 30 days before submitting a typical PERM Labor Certification application.
The application has a significant probability of being denied or obtaining an audit notice if the documents are submitted late, or the recruiting procedure is handled incorrectly.
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