Recruitment is an essential part of the PERM application process and must be conducted in strict compliance with the U.S. Department of Labor’s regulations.
The first step before filing the PERM labor certification application is obtaining a Prevailing Wage Determination from the State Workforce Agency. It takes several months to obtain the prevailing wage. Employer must declare its intention to pay at least 100 percent of the prevailing wage offered in the area of intended employment upon foreign worker’s receipt of the permanent residency.
After the prevailing wage is obtained, an Employer may begin a recruitment campaign consisting of mandated advertising for a position in various media. Recruitment must take place within the 180 days period. PERM application cannot be filed until at least 30 days have passed since the last advertising, allowing any candidate sufficient time to apply and be considered for the position.
Within the 180 days prior to filing a PERM application, employers are required to place a job order with the State Workforce Agency, place a notice of filing of labor certification application at the worksite, and run two newspaper advertisements in the Sunday newspapers of general circulation in the area of intended employment. These steps are required for non-professional occupations.
For professional occupations, employers are also required to conduct three additional types of recruitment from a supplemental list of recruiting methods. Documentation of recruitment is not submitted with the application, however it must be preserved and made available in the event of an audit.
Recruitment for professional positions (typically requiring at least a Bachelor’s degree) are required to conduct three additional types of recruitment efforts, that employer may select from the following list:
- Job fairs.
- Employer’s web site.
- Job search website other than the employer’s.
- On-campus recruiting.
- Trade or professional organizations.
- Private employment firms.
- Employee referral program with incentives.
- Campus placement offices.
- Local and ethnic newspapers.
- Radio and television advertising.
Employers under PERM program must prepare a Recruitment Report that describes recruitment steps undertaken and the result achieved, the number of hires and, if applicable, the number of US workers rejected, categorized by lawful job related reasons for such rejections. U.S. Department of Labor oversees the PEARM process and may request resumes and job applications, submitted to the employer during the recruitment campaign.