PERM: Supervised Recruitment
The US Department of Labor may require an employer to conduct supervised PERM recruitment for all of its current and/or future PERM applications for up to two years if the DOL Certifying Officer determines the employer did not comply with certain regulations. Supervised recruitment is much more rigorous than normal PERM recruitment, and every step is monitored by the DOL. 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.When is an employer required to conduct supervised recruitment?
The DOL Certifying Officer (CO) may deem it appropriate to require an employer to conduct post-filing supervised recruitment if the CO determines any one of the following:
- The employer did not produce required documentation
- The employer produced inadequate documentation
- The employer made a material misrepresentation on the PERM application
- If appropriate for other reasons
Under supervised recruitment, the employer is required to create a draft advertisement of the job opening and submit it within 30 calendar days to the CO for review. The CO will receive all resumes and job applications directly in response to the employer’s advertising. The CO will send a letter to the employer requiring the employer to submit a written recruitment report to the CO within 30 calendar days of that letter. The CO will then use all of the recruitment information and supporting documents to decide if the employer’s application will be granted or denied.How will the Certifying Officer oversee the employer’s advertising?
After the CO receives and reviews the employer’s draft advertisement, if the CO determines that any changes or additions must be made, the CO will send an assessment/correction letter to the employer explaining what needs to be corrected. The employer must make the required corrections and respond with another draft advertisement.
If the draft advertisement is approved, the CO will send the employer a recruitment instructions letter that will dictate which sources for publication the employer may utilize for its advertising, and when the advertisement(s) must be published. The employer is forbidden from initiating recruitment for US workers before it has received the recruitment instructions letter.
The employer's advertisements are required to instruct applicants to send all resumes/applications directly to the US Department of Labor via a post office box address, as explained in the CO’s recruitment instructions letter. The CO will then forward all resumes and applications that it receives in response to the recruitment advertising, attaching a letter listing the resumes and applications. The employer is then required to consider all of the US applicants for the job opening and may only reject applicants for lawful reasons. 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.