The Department of Labor does not make it easy on employers that are looking to recruit overseas for their company. They essentially demand that any employer looking for PERM certification exhaust all possibilities for hiring domestically before they’ll allow that company to hire a citizen of a foreign country. This, ostensibly, is meant to protect the American workforce from overseas competition, and ensure that US citizens are getting a good look. But it also means a major headache for employers that are looking to recruit skilled laborers in specialist areas that are very difficult to fill here in the US.
#1. You’ll Need a Lawyer
Every step of the process for exhausting the employee search domestically must be documented and must conform with Department of Labor regulations. This includes placing ads in local newspapers, professional journals, posting the job in the office, and contacting union representatives if the job is unionized. Furthermore, there are strictures on what the ad can contain, where it must be placed, and what information is included in the ad. For that reason, many companies hire marketing agencies that specialize in PERM recruitment ads in order to ensure that all of Labor Department’s guidelines are met.
#2. PERM Recruitment Ads
One misstep in this process can result in the Department of Labor denying a company’s PERM application. This means that companies that successfully navigate the process are those that have followed every stricture to the letter. Companies that specialize in PERM advertising can work with a company’s lawyer, and the company itself in order to ensure that all the required information is placed in the ad and that the ad itself is placed in the correct journals. Furthermore, the job listings that are posted in-house must also meet certain guidelines. Again, in order to have a PERM application granted, an employer must document every step of the process including being able to present to the DOL evidence of when and where the ads were placed.
Many requests for PERM labor are denied by the DOL because the employer was vague about the general requirements for the position, or neglected to post the compensation on the in-house job listing. Others are denied on the grounds that the review process for the resumes was not as transparent as it needed to be. Again, the regulations are in place in order to protect the American worker from having jobs they are qualified for be outsourced at a lower rate. Even after a PERM application has been granted, an employer must be able to show that they can pay the salary in question, and be able to document proof that the prospective employee is qualified to do the task for which they would be employed.
The process is difficult, but with the right help, it’s not impossible.
