Since 2005, the permanent labor certification program has undergone some changes. Some of these alterations affect those pertaining to immigration advertising. Rule changes also relate to conditions under which employers are allowed to hire workers from other countries.
Current Guidelines Updated December 2015
The Frequently Asked Questions posted on the Department of Labor Employment & Training Administration Site were updated as late as December 2015. By this time, no 5 percent deviation from the required prevailing wage is any longer acceptable as it would have been in prior years. The prevailing wage paid to both United States and foreign workers must be as widely published on related DOL sites.
The National Prevailing Wage Center also is another resource for determining fair wages. A prevailing salary amount will also be determined from a period within 90 days to one year based on verifiable wage sources. In addition to the NPWC or the DOL sites, the Bureau of Labor Statistics site is another source for labor information.
Other important immigration labor regulation updates include as listed below:
- A Notice of Filing for a PERM labor certification must be posted for 10 consecutive days in highly visible locations at work sites.
- Recruitment must take place between 30 to 90 days of filing for a PERM certification to hire immigrant workers.
- Before immigration advertising to foreign workers is posted, job opportunities must be offered to U.S. citizens.
- Recruitment ads to domestic workers before filing for the right to hire foreign workers must be placed in Sunday circulation newspapers.
- A State Workforce Agency job order detailing job duties, salary, qualifications, contact information and other vital data is needed.
- All family relationships including step, adoption, marriage and blood connections between domestic and international workers must be disclosed.
Additional regulation updates pertain to various provisions made to accommodate university students, educators and science professionals with exceptional skills. However, “special handling” provisions are removed with some exceptions concerning recruitment procedures in 20 CFR 656.18.
In the case of 656.18, the immigrant university teacher job applicant must demonstrate having more qualifications than a U.S. teacher. The employer must also outline in detail the various recruitment steps taken to find the most suitable employment candidate for a teaching position.
