Permanent labor certification ads, also known as PERM advertisements are part of a process that is outlined by the Department of Labor in order to prevent companies from outsourcing their jobs to candidates overseas and simply for the sake of saving money. There are allowances for companies to sponsor work visas for qualified overseas candidates, but a number of conditions must be met in order to protect the American workforce from unscrupulous business practices. A number of conditions must be met prior to submitting the PERM ensuring the employer has exhausted all efforts to fill the position domestically. Furthermore, those seeking to obtain PERM labor certification must be able to prove that they have followed the guidelines set forth by the Department of Labor, and followed every guideline down to the last dotted “i”. In many instances, the process is so overburdened by red tape that companies hire experts in the field of PERM requirements to write job listings for them in order to see that every guideline has been met.
The benefit of having a marketing agency craft the job listing for you is that the ad agency is well versed in the Department of Labor requirements. PERM advertising agencies can direct your search and ensure that you not only find the candidate that you’re seeking, but also do so without being audited. Avoiding being audited is obviously one of the top benefits of hiring a firm that understands the legalities involved in the process and will guide a company through every step.
What’s Involved?
The Department of Labor mandates that employers post the job listing in a local newspaper for two consecutive Sunday editions. The newspaper must have a wide circulation. Job listings can also be posted in professional journals that are relevant to the industry you’re attempting to recruit for. Additionally there are specifications as to what must appear in the ad. The ad must contain
- Your business’s name
- Instructions as to where applications are to be sent
- An overview of the position that gives applicants a good sense of the duties that they will be expected to perform
- Any mitigating factors such as job location
In addition to this, an in-house job listing must be posted for at least 10 consecutive business days. In addition to the above specified information, compensation for the job must also be posted. This is to ensure that employers don’t attempt to dissuade potential employees from taking the job. It’s important that the wages listed be within a reasonable range of the market average.
In addition to these requirements, the DOL compounds the issue with more, making the burden on employers extremely difficult to satisfy. Nonetheless if an employer really is having a problem filling the position domestically, then there is a system in place to go outside the American labor market to find the right employee.
