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PERM: Supervised Recruitment and the USDOL Process

The PERM supervised recruitment process is strictly regimented by the US Department of Labor (DOL), Office of Foreign Labor Certification (OFLC), and Atlanta National Processing Center (ANPC). If you are an employer and your PERM application has been selected for supervised recruitment by the DOL, you should be aware of what this process entails in order to navigate it properly. If you have questions about the PERM 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.

Consequences of being selected for supervised recruitment

If the DOL has issued you a Notification of Supervised Recruitment letter, this means you must conduct an additional PERM recruitment process subject to the supervised recruitment rules, which are even more stringent than the already strict normal PERM recruitment rules. Your recruitment and advertising will be completely monitored by the DOL during this process, as explained in our previous article. Failure to completely adhere to this process may result in dire consequences including debarment from using PERM in the future.

How much will supervised recruitment delay my application?

If your PERM application is a “clean” one, meaning that you do not need to submit any additional information or clarification to the DOL, your application should take about 180 days for the DOL to process your application and issue a final determination. Processing times may take longer when the employer asks for additional time or the DOL requires more time to review documents in order to reach a final determination.

Supervised recruitment guidelines are strict

The DOL will deny your PERM application if you fail to meet any of the deadlines involved throughout the supervised recruitment process. An employer, attorney, and/or agent who consistently fails to adhere to supervised recruitment deadlines may be subject to debarment, which will prohibit the use of the permanent labor certification program for a period of time up to three years.

Can I withdraw an application that is subject to supervised recruitment?

Although you may request that your application be withdrawn, there are consequences to doing this. If you withdraw a PERM application that is subject to supervised recruitment and submit a new one, that new application will still be subjected to supervised recruitment. In addition, all other PERM applications that you file for any foreign workers or any job openings may be subjected to supervised recruitment if the OFLC/ANPC deems it appropriate. Repeatedly withdrawing applications that are subject to supervised recruitment may be evidence of a pattern or practice of failure to comply with the process, and may result in debarment from filing PERM applications for up to three years.

Undergoing supervised recruitment is a very complex and delicate matter. It is highly advisable to obtain the assistance of an attorney who is experienced in successfully handling these types of cases. We have successfully handled over. Our lawyers have successfully handled over a thousand labor certificate and PERM applications on behalf of our clients. If you would like further information about the PERM 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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