The U.S. Department of Labor (DOL) recently indicated that it will continue to expand use of Supervised Recruitment (SR) in the PERM labor certification program. Under SR, job applicants are directed to submit their resume to a P.O. Box controlled by DOL. The resumes are then forwarded to the employer for evaluation. SR is a part of DOL’s “integrity” measures for PERM. Cases subject to SR may have been selected after an employer claims to have received very few or no resumes from US worker.
A notice that a case has been selected for SR must be taken very seriously. A pattern of not complying with SR can bar a company from filing PERM applications for up to three years. Going through the four stage process, outlined below, is not necessarily a death knell for an application, and if handled prudently, compliance with the SR process can produce approvals.
SR is initiated when a “Notification of Supervised Recruitment” is sent to the employer or attorney. This is one of four notices which will be received during the process. The notice requires the employer to submit a draft advertisement within 30 days of the notice date.
Next, the employer or attorney will receive a notice entitled “Recruitment Instructions.” This notice designates the newspaper where the regulatory three consecutive days of print advertisements will be placed. Other recruitment requirements will also be specified. The designated recruitment methods must be placed within 15 days of the date of the recruitment notice. DOL must be informed of the recruitment steps no later than 15 days after the date of the placement of the last advertisement.
If resumes are received by DOL, the attorney will receive them with a cover letter entitled “Notification of Resumes Received.” There may be several of these notices as DOL tends to send the resumes as they are received. If any resumes are sent directly to the employer, those applicants must also be considered.
Finally, DOL will send a notice to the employer entitled “Recruitment Report Instructions.” The employer is given 30 days from the date of this notice to submit copies of the recruitment efforts, a detailed recruitment report which includes the names and addresses of all U.S. applicants who applied as well as the resumes of any U.S. workers who applied directly to the employer rather.
Currently, the SR process takes approximately 6 to 7 months (from receiving the “Notification of Supervised Recruitment” to a decision).