What Is Supervised Recruitment? In order to petition for many employment-based green cards, a PERM Labor Certification is required from the sponsoring employer. There are several steps that go into obtaining a PERM Labor Certification, all of which are designed to prove that there are not enough qualified, willing United States workers to fill the position that is being offered to the foreign professional. One aspect of the PERM process includes a recruitment process according to the rules and regulations set forth in Chapter 20, Section 656.17 of the Code of Federal Regulations. This law states that United States-based employers who wish to obtain a PERM labor certification must conduct a comprehensive recruitment process to ensure that there are not enough American workers for the role and that the hiring of the foreign professional will not adversely affect the wages and working conditions of United States workers in similar positions.
Roughly one-third of all PERM applications are selected for audit. If selected for an audit, the United States-based employer will be required to submit additional evidence or otherwise respond accordingly. If the response is unsatisfactory or if the employer fails to respond to an audit request altogether, supervised recruitment may be requested. Supervised recruitment is used to oversee the recruitment process in order to assess whether an employer is eligible for a PERM Labor Certification.
During supervised recruitment, the Department of Labor will play an active, supervisory role in the employer’s recruitment activities and make a decision about whether to issue an approval or denial of their PERM Labor Certification. This differs majorly from the traditional recruitment process, wherein the employer may conduct their recruitment activities on their own timeline. Supervised recruitment is more demanding and time-consuming than unsupervised recruitment.
One of the most integral components of the recruitment process is the use of advertisements in news sources. There are specific guidelines placed on these advertisements in the supervised recruitment process. First, the employer is required to submit a drafted advertisement to the certifying officer who oversees the supervised recruitment process. This proposed advertisement must be submitted no later than 30 days after being notified of supervised recruitment. An extension may be available at the certifying officer’s discretion.
This advertisement must contain the following:
- A full description of the position
- Offered wage rate that is greater than or equal to the prevailing wage for other similar roles in the same industry
- Details of the minimum job requirements for entry into the position
- Specifications about any necessary job training for the role
This is contrary to the typical unsupervised PERM recruitment process, which requires less detailed information in the advertisement. The certifying officer may also require additional information. Moreover, job applicants must be directed to send their resumes and application materials to the certifying officer, who will then share the documents with the employer.
After the supervised recruitment process, the employer is required to create and submit a recruitment report that includes specific details of the activities and results of the process. If the employer fails to submit this report, the certifying officer may deny the PERM Labor Certification. Given the complex and time-consuming nature of the supervised recruitment process, many employers seek assistance from experienced immigration attorneys to ensure that all activities are completed according to federal law and that all paperwork is completed accurately and on time.
What is a DOL Request for Reconsideration?
Per 20 CFR § 656.24, if your PERM Labor Certification is denied, it is possible to submit a Request for Reconsideration to the Department of Labor. This request is used to ask for a reassessment of the case. A Request for Reconsideration must be submitted no later than 30 days following the denial of the PERM Labor Certification.
In the DOL Request for Reconsideration, the employer must only submit documentation that was already submitted to the certifying officer during the audit process or paperwork that was included in the employer’s original PERM Labor Certification application. The employer is not permitted to include any new evidence or information. If the Request for Reconsideration is denied, the employer will be notified and may opt to file a Request for Review with the Board of Alien Labor Certification Appeals.
Contact Alcorn Immigration Law Today
At Alcorn Immigration Law, we work closely with United States businesses to successfully secure their PERM Labor Certification and hire the world’s top talent. With offices in Mountain View, CA, and New York, NY, we have the experience and resources necessary to help you navigate the PERM supervised recruitment process and file Requests for Reconsideration as necessary. To learn more about how we can help, consider connecting with a knowledgeable attorney at Alcorn immigration Law at +1(855) 546-0015 today.