Immigration Lawyers in Philadelphia: Labor Certification Application Under PERM Process
Frequently Asked Questions
PERM’s goal is to make nationally uniform the requirements for the recruitment steps which an employer must take prior to filing an application for labor certification, and to require every application to undergo pre-filing recruitment. Employers must utilize several forms of recruitment within the six months prior to filing the application, must place a job order with the State Workforce Agency (SWA), must post an internal notice of the job opportunity onsite at the company as well through any in-house company media in which jobs are ordinarily posted, and must secure a prevailing wage determination from the SWA.
Are print ads required under PERM?
Prior to filing any application for labor certification, an employer must place two advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. For higher-level positions requiring experience and an advanced degree, the employer may use an advertisement in a professional journal in place of one of the Sunday ads. Both ads must have been placed more than 30 days, but not more than 180 days, before filing, and may be placed on consecutive Sundays. The ad must list the name of the employer, the geographic area of employment and a description of the position specific enough to apprise U.S. workers of the job opportunity. The employer may include minimum education and experience requirements or specific job duties in the ad as long as those requirements also appear on Application for Permanent Employment Certification, ETA Form 9089. The ad must direct applicants to send resumes or report to the employer, as appropriate. The employer’s physical address is not required. A central office or post office box may be designated for receipt of resumes. The ad need not include the salary or a detailed listing of the job description and requirements. However, if the ad does include the salary, the salary stated must meet or exceed the prevailing wage, as determined by the SWA.
Must an SWA job order be placed under PERM?
The employer must place a job order with its local SWA for the position. The job order should contain the same information as the advertisement, and the employer should request that the SWA refer any potentially qualified applicants directly to the employer.
Are recruitment steps for professional and non-professional jobs the same?
A professional occupation is one for which the attainment of a bachelor’s degree or higher is the usual education requirement. The recruitment for a professional position consists of a job order and two print ads plus three additional steps. The recruitment for non-professional positions consists only of a job order and the two Sunday advertisements.
What are the three additional recruitment steps for professional jobs?
An employer must both advertise the opening of the position and carry out three additional recruitment steps, choosing from the following options:
(1) Attendance at job fairs
(2) Advertisement of the position on the employer’s website
(3) Advertisement of the position on a job search website other than employer’s, including an ad on a newspaper’s website in conjunction with a print ad
(4) Participation in on-campus recruiting
(5) Placing a notice in a newsletter or publication of a trade or professional organization
(6) Retaining private employment firms
(7) Including the position in an employee referral program, if it includes identifiable incentives
(8) Placing a notice of the job opening at a campus placement office, if the job requires a degree but no experience
(9) Advertisement in local and ethnic newspapers, to the extent they are appropriate for the job opportunity
(10) Placing radio and television advertisements
The employer must conduct three separate recruitment steps, i.e., may not conduct one of the three steps three times.
With respect to these additional steps, an employer may advertise either for the specific job opportunity, or merely for the occupation involved in the application. All three recruitment steps must have taken place no more than 180 days before filing, but only one of the steps may have taken place within 30 days of filing. The employer must specify the dates of each of the three additional recruitment steps it has undertaken on the application form, and maintain documentation of the recruitment step, such as a dated printout from a website, or a flyer announcing the employer’s participation in a job fair.
Does PERM require an employer to post a notice of job opportunity?
An employer must post a Notice of Job Opportunity in conjunction with the outside recruitment for the position. The notice must be posted for a period of ten business days, and the notice period may be no more than 180 days before filing and no less than 30 days before filing. The Notice is posted at a location such as an employee notification bulletin board in an area accessible to all of the employer’s employees. The Notice must contain the salary for the position, but may contain a salary range so long as the lower level of the range meets or exceeds the prevailing wage. The notice may contain the same description of the position as is placed in the newspaper advertisement, and should include a contact person for employees who wish to apply for the position. In addition, the notice must contain language indicating that the posting is in connection with an application for labor certification, and that any person having information bearing on the application can submit that information to the Department of Labor. Importantly, in addition to a printed posted notice, an employer must now place the notice in any and all in-house media, whether electronic or printed, in accordance with normal procedures used for recruitment for similar positions in the organization. The notification must include all information posted in print, including salary range and DOL contact information. Since the notification in such media need only be done if it is the employer’s normal practice to do so for the job classification in issue in the application, an employer could avoid listing executive-level positions if it is not normal practice to do so. Duration of the in-house media notification should be as long as other comparable positions are posted.