In order to sponsor an overseas worker for their employment green card, employers need to adhere to strict laws. The PERM (Program Electronic Review Management) process is put in place for permanent labor certification on job ads. This is a long and stringent process with many steps. It can take up to 5 months to complete, so employers need to be aware of this and prepare themselves for the wait time.
As part of the process, employers need to have a range of documents prepared. There are many recruitment steps and each phase requires different documents. Many employers choose to hire a recruitment attorney who is specialized in this field to ensure that they don’t miss any crucial information along the way.
For the actual job ad, the employer is required to keep a record of the newspaper tearsheet and any printouts of the digital job ad. If the job was advertised on the radio, they need to have a printed callsheet of the ad script.
Furthermore, the employer must prepare a report that outlines the steps taken throughout the recruitment process. This report should include things such as the amount and details of US workers interviewed and rejected or hired for the role. It doesn’t have to mention specific identification information, but should be detailed enough for the Department to track their resume application. This report needs to be signed and kept on record by the employer.
It is important for employers to maintain all their paperwork in a neat and orderly fashion. The Department of Labor is allowed to audit all job ads during and after their placement. The Department of Labor audits around 30 percent of ads, so it is in the employer’s best interest to make sure all papers are well maintained.
If the employer is audited, they have 30 days to get all the supporting documentation to the Certifying Officer. The Certifying Officer is the one who approves or denies an application during the audit process. During the audit process, the employer needs to show a sufficient paper trail as well as sufficient reasons why they didn’t hire a domestic US worker.
The employer needs to keep all this paperwork on file for five years. The DOL may open the case and review the certification at any time five years after the date of opening the application. This can happen even after an audit has been approved. A professional attorney can help make sure the paperwork is kept safe and up to date in case of a future audit.
