PERM Supervised Recruitment
Due to the high rate of unemployment, Department of Labor (DOL) has suggested it will subject more Labor Certification (PERM) cases to "supervised recruitment."
Supervised recruitment is one of the tools DOL uses to protect the integrity of the PERM program. Against this backdrop, employers need to understand what supervised recruitment is and prepare for additional recruitment steps and delays.
How does an Application get Selected for Supervised Recruitment?
Under 20 CFR656.21, if DOL determines an employer substantially failed to produce required documentation, the documentation was inadequate, determines a material misrepresentation was made with respect to the application, or if the Certifying Officer determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment.
How is Supervised Recruitment Different from Pre-Filing Recruitment?
When a PERM application is selected for supervised recruitment, DOL will send the employer a notice outlining the required recruitment steps to be conducted by the employer.
The pre-filing recruitment completed before filing becomes irrelevant and the employer has to re-recruit, this time under specific direction and supervision of the DOL.
What is Involved in the Supervised Recruitment Process?
DOL requires the employer to provide a draft advertisement of the job opportunity within 30 days of the recruitment notice. Unlike the typical pre-filing recruitment ads, which only needs to apprise US workers of the job opportunity for which certification is sought, the supervised recruitment ad must describe the job opportunity in detail, list the minimum requirements, and most importantly, direct resumes to be sent to a DOL address.
Once the draft ad is approved by DOL, it sends the employer recruitment instructions outlining where and when the recruitment ads should appear and for how long. Normally, the ad will need to be placed in a newspaper of general circulation for three consecutive days with one of the days being a Sunday.
After a 30-day period following the new ads, DOL will forward to the employer all resumes received in response to the supervised recruitment efforts. The employer will be required to consider all US applicants for the job opportunity and can only reject applicants for lawful job-related reasons.
DOL will issue a Recruitment Report letter and the employer has 30 days to respond with a detailed recruitment report detailing the number of resumes received, the number of workers interviewed and lawful reasons as to why each applicant was rejected along with evidence of recruitment and documentation of the resume review processes.
After DOL receives the Recruitment Report, it will either approve or deny the case or order additional recruitment.
How Much Delay Will Result from Being Subject to Supervised Recruitment?
If a PERM case is selected for supervised recruitment, expect to add at least six months to one year of delay to the overall processing time.