PERM Changes

13. Oct. 2016

Recent BALCA (Board of Alien Labor Certification Appeals) decisions has made it prudent for employers to adjust how they evaluate candidates who respond to PERM recruitment ads.

In one case, BALCA affirmed denial where the employer failed to provide documentation to prove it contacted U.S. workers determined to be unqualified for the position.

In another case, for a candidate who did not meet the degree requirement but had extensive relevant work experience, BALCA affirmed the denial by finding that the employer should not have based its rejection solely on the candidate’s resume, without an interview.

To defend against increasingly aggressive denials by the Department of Labor and BALCA, ILG is expanding the use of its “Candidate Self-Assessment Form” to all employers/clients.  This form requires each candidate to verify whether they have unrestricted work authorization and whether they meet each job requirement (education, experience, special skills that cannot be acquired within a reasonable period of on-the-job training). Usage of the “Candidate Self-Assessment Form” via email creates a digital record of candidate contact.

Secondly, ILG is updating its instructions to clients for evaluating PERM related candidates:

  1. Education: if a candidate lacks the required degree, but has more relevant experience than required, you must interview the candidate (i.e., cannot disqualify him/her based on education alone); and
  2. Experience: if a candidate has less experience than required, but has a higher level of education in a related field, you must interview the candidate (i.e., cannot disqualify him/her based on experience alone).