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PERM Special Handling: Recruitment Requirements

The recruitment requirements under special handling PERM processing are much more relaxed than they are under normal PERM processing. This is one of the main advantages of using special handling in the first place, as summarized below. If you have questions about the PERM special handling process and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

Recruitment advertising

The special handling recruitment rules require the employer to place a single advertisement, and include evidence in its PERM application of all the other recruitment resources used. This advertising requirement is satisfied by placing one single advertisement in a national professional journal. The advertisement may be placed once in a print publication, or it may be placed in an online publication for a minimum period of 30 days. The advertisement must provide the title of the job, and the duties and requirements of the position. However, unlike normal PERM processing, special processing recruitment rules do not require the advertisement to contain the name of the employer, nor the geographic location of the job site.

Notice requirements

As with normal PERM processing, a notice of filing (NOF) must be posted for 10 consecutive business days in place where US workers can readily see it on the way to or from the workplace. This posting must be completed between 30 and 180 days before the PERM application is filed. The notice must state the following:

  • That it is being posted as a result of a permanent labor application certification being filed;
  • It must contain the DOL Certifying Officer's (CO’s) address and provide notice that anyone may provide documentary evidence to that CO; and
  • It must contain the job title, duties and requirements.

The notice requirements for special handling are different than normal processing in that it does not require salary offered nor all the job requirements listed in the PERM application, but it must contain the employee’s duties and job requirements.

The procedure is a little different if the college or university is unionized. This case, a copy of the PERM application Form ETA 9089 is sent to the collective bargaining agent with a letter instead of being posted for 10 days.

Employer website job posting and in-house posting

There is no requirement for a college or university to post a job notice of the position on its school website. There is an in-house posting requirement that applies to in-house media that would require such posting if the school normally puts similar occupations on its internal intranet. If the school uses an in-house system to notify employees about job openings, it must also use this system for PERM recruitment.

If you would like further information about the PERM special handling process or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.

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