5.1 What is the time period for recruitment to be conducted under PERM?

Under the final PERM rule, an employer is expected to conduct recruitment during the 30- to 180-day period prior to filing the application for labor certification.

5.2 Will “real world” recruitment be permitted, as has generally been the case in RIR applications?

No, not really. While it was hoped that the PERM recruitment process would basically mirror the current RIR process, the final rule contains a more stringent list of requirements, including two print ads, greater specificity in regard to the content and placement of the ads, and some very specific time requirements. Recruitment consists of the placement of two Sunday advertisements in a newspaper of general circulation appropriate to the occupation and the placement of a job order with the state employment office serving the area of intended employment. These recruitment steps must occur at least 30 days but not more than 180 days before the filing of the application. The rule makes an exception from the Sunday requirement if a Sunday edition of a paper is not available in a rural area. In the case of jobs requiring experience and an advanced degree, the second Sunday advertisement can be replaced by an ad in an appropriate professional journal, although this is not required.

5.3 What information must be included in newspaper advertisements?

The advertisement must (1) contain the name of the employer; (2) direct applicants to report to, or send resumes to the employer (depending on what is appropriate for the occupation); (3) provide a job description specific enough to apprise U.S. workers of the job opportunity; and (4) indicate the geographic location of the job opportunity clearly enough to permit applicants to understand the relative commuting distance. While the advertisement does not need to include a salary or wage, if a wage is included, it may not contain a rate lower than the prevailing wage. If a wage range is included in the ad, the bottom of the range may not be lower than the prevailing wage. Additionally, the ad may not contain any requirements or duties exceeding requirements on the labor certification application or any terms or conditions that would arguably be less favorable than those offered to a foreign worker.

5.4 Are there additional recruitment requirements for professional positions?

Under the final rule, employers recruiting for professional positions, defined in the rule as requiring a college or higher degree, would also have to select three other additional recruitment steps that would be required before filing the application. The rule contains a list of positions considered to be professional. Acceptable recruitment channels for professional positions are:

• The employer’s Internet site;
• Job fairs;
• Job search websites, including Internet versions of a newspaper’s print ad;
• Private employment agencies;
• On-campus recruiting;
• Trade or professional organizations;
• Employee referral programs with incentives;
• Campus placement offices, where the position requires a degree but no experience;
• Local and ethnic newspapers; and
• Radio and television advertisements.

Two of the three methods of recruitment would need to be completed within the 30- to 180-day period prior to filing the application; one method of recruitment could be conducted within the 30 days prior to filing. Interestingly, the supplementary material with the final rule states that the additional recruitment steps “only require employers to advertise for the occupation involved in the application rather than for the job opportunity involved in the application as is required for the newspaper advertisement” [emphasis added]. The intention appears to be to allow employers to incorporate these efforts into broader recruitment efforts and also to potentially cast a broader net.