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Overview of The PERM Process

The PERM labor certification application system has strict requirements for both application filing and in the event of a PERM audit. Most of the information needed during an audit is information that employers would obtain before filing the application, so it is important to understand what these requirements are so that an employer can gather and maintain this documentation during the process.

All of the steps for recruitment must be completed for at least 30 days before filing a PERM application, but for no more than 180 days. That means the last day to file is 180 days starting from the day after the last day the recruitment process occurred.

One of the requirements is that the employer places an advertisement for the open position for two Sundays in a newspaper of general circulation. This advertisement must: 1) include the name of the employer; 2) direct applicants to report to or send resumes to the employer; 3) provide a job description specific enough to apprise U.S. workers of the position; and 4) indicate the general location for the position so that potential applicants are able to assess the commute. Salary information is not required, though if salary information is given, the wage must be equal to or greater than the prevailing wage for that type of job in that area. Copies or original tear sheets are acceptable evidence of this requirement.

Another requirement in the PERM recruit process is the placement of a job order with the state workforce agency of the area where the labor certification and job will be located. The current requirement states that the job order must be opened for a period of 30 days. Since this period is considered part of the recruitment process, only 30 days after this 30 day period will an employer be able to file a PERM application.

For nonprofessional jobs, the final requirement for the employer is an internal posting. In a union setting, the employer must give the bargaining representative notice of the planned filing of the application. In a nonunion setting, the employer needs to place a written notice about the job opportunity in a conspicuous place at the intended location of the position. This notice must: 1) explain that it is being provided as a result of the filing of an Application for Alien Labor Certification for the open position; 2) state that any person may deliver documentary evidence bearing on the application to the Department of Labor; 3) provide the address of the appropriate Certifying Officer; 4) contain all the information required in advertisements; and 5) state a rate of pay. This notice must remain posted for 10 consecutive business days. This, too, is part of the process that must be completed for 30 days before filing.

For professional jobs, positions which require a college degree or higher, employers must also engage in three other types of recruitment. Two of these three types of recruitment must be completed within the 30 to 180 day period prior to a PERM application filing, and the third method must be completed during the 30 days prior to the filing. There are 10 approved types of recruitment and they are the employer’s website, job fairs, job search websites, private employment agencies, trade or professional organizations, employee referral programs with incentives, on-campus recruiting, campus placement offices, local and ethnic newspapers, and radio and television advertisements.

Employers are required to document all their recruitment efforts and the results of these efforts. This includes the lawful, job-related reasons for rejecting any U.S. workers who may have applied for the open position. This documentation must be maintained for five years from the application filing, during which time the Department of Labor can audit that documentation. There are also requirements of good faith and the need to prepare and maintain a recruitment report.

How to Contact US:

If you have questions about an immigration visa or green card matter, and/or you need help in an immigration process, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. Our law firm handles various matters including Green Cards and Permanent Residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, Investor Visas, PERM applications, and many more. Please contact us and experience how our law firm can assist you in your immigration matters. Whether you are an employer, an employee or a family member, The Law Firm of Shihab & Associates, Co., LPA has competent, responsive and innovative lawyers who can make your immigration experience pleasant and seamless.

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