Trending: Republishing PERM Ads & Aggressive Respondents

Recruitment ads for positions going through the PERM (labor certification) recruitment process are being republished on websites with anti-PERM/anti-immigrant leanings. One example is Jobs.Now (not to be confused with Jobs.com).

The republished job postings often result in applicants who fall short on qualifications but frivolously claim fraud or threaten to complain to government agencies.  Some “job applicants” appear more interested in coercing employers rather than qualifying for a job.

Although such tactics make the PERM process more time-consuming, and at times intimidating, employers should feel secure knowing:

1. PERM job ads are not “fake” or “fraudulent” just because the position is currently filled - they are required by the Department of Labor’s (DOL) PERM regulations to test the labor market and prove there is a shortage of qualified and willing U.S. workers for specific positions.
2. PERM applications disclose the fact that the foreign national benefiting from the application is “currently employed by the petitioner employer.”
3. If the PERM labor market test (recruitment) shows there is no shortage of qualified and willing U.S. workers, the employer cannot proceed with filing the PERM application (the employer is not required to hire the qualified applicant(s)).

Although the PERM recruitment process DOL put into practice in 2005 is not ideal, it is still the process employers must go through until DOL introduces a different system. In the meantime, employers going through the PERM process should:

1. Respond to candidates who have taken the time to respond to PERM job ads within the candidate review period (one month after recruitment ended).
2. For candidates that are U.S. workers and appear to meet or may meet the job requirements, schedule interviews to evaluate whether they actually meet the job requirements (particularly the required skills).
3. Not engage with individuals who threaten to file complaints or legal action for not being interviewed or hired despite being clearly unqualified.
4. Maintain the necessary documentation to show that all recruitment was conducted properly, lawfully, and per the PERM regulations set forth by DOL.
5. Review your PERM program with attorney to identify any areas that might benefit from added safeguards and refinements with the goal being to ensure recruitment efforts will stand up to scrutiny in the event of an audit or investigation.

If you have any questions, please feel free to contact your ILG attorney or reach our firm at .