There are certain standards used in making permanent labor certification ads. These are set by the Department of Labor to keep workplace recruitment fair and free of discrimination. The PERM labor certification involves two major steps when placing ads in this area.
First, there is a US market test. The employer must take part in a process that tests the US workforce. This is to determine whether there are any eligible and suitably qualified domestic workers able to do the job. To complete this, the employer must openly advertise the role for at least 30 days and be willing to consider domestic applicants.
Forms advertising in this stage include running the ad in a local printed or electronic newspaper for two consecutive Sundays. There can also be job postings on external websites and radio advertisements after the newspaper option is complete.
Next, the employer is required to determine a prevailing wage for the job. This must be determined and approved by the Department. Factors that go into deciding the prevailing wage include the job location and requirements for the role. This needs to be sorted with the Department before filing for PERM certification.
The minimum processing time from the point this process is started is 60 days. The whole process can take up to six months. It is wise for employers to engage with an attorney or migration advertising agent to ensure each step is completed properly, given how lengthy a process it is. Agents can help ensure that each part of the process is documented in the right way and help to keep all the papers in order in case of an audit.
It is also important for the employer to keep all the files and documentation surrounding this application in a safe place. The Department has the right to audit a business or company about it up to five years after the process is first started.
The employer also needs to keep documentation and evidence as why a domestic worker wasn’t suitable for the job. This involves any interviews conducted and why they didn’t progress through the recruitment process. If there were layoffs in the area of employment, the employer needs to justify why these occurred.
Employers are also required to pay many fees throughout the process. This is referred to as a sunk cost when hiring an employee this way. Since it is a lengthy and costly exercise to hire a migrant, it is important to ensure that this is the right step for a business before proceeding.
