Mastering PERM Recruitment Process

This session is designed to provide in-depth insights and practical guidance on navigating the complexities of the PERM labor certification process.
The Program Electronic Review Management (PERM) process is a critical step for employers wishing to sponsor foreign nationals for permanent residence in the United States.
Partner and Attorney Diya A. Mathews, Immigration Team Lead Gilyana Dzhambulaeva, and Client Services Manager Arianna Gonzalez, MBA covered the following:
• An overview of the PERM recruitment process
• Steps to ensure compliance with Department of Labor (DOL) regulations
• Best practices for successful job advertisements and recruitment efforts
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Key moments
00:00 - Introduction
00:58 - What is the purpose of a permanent labor certification issued by the Department of Labor (DOL)?
01:57 - In what cases is a certified labor certification application from the DOL not required before submitting an I-140 immigrant petition to USCIS?
03:08 - What are the three main steps involved in the PERM labor certification process?
03:41 - How long is the validity period of a certified labor certification application, and what happens if it's not submitted to USCIS within this period?
04:17 - Why is it necessary for an employer to distinguish between non-professional and professional employment in the PERM recruitment process?
05:47 - What is the minimal level of education typically required for a classified professional occupation?
06:30 - How does the Department of Labor categorize an open post as a professional occupation?
07:08 - What information must be included in a PERM recruitment advertisement, and why is it important to ensure that the advertising appropriately educates candidates about the employment opportunity?
08:12 - Are salaries required to be mentioned in the Sunday advertisements, and why or why not?
08:40 - What is the purpose of a job order placed by the U.S. employer with the State Workforce Agency, and how long must it run?
10:12 - What are the requirements for the two advertisements that must be published in a general circulation newspaper, and what alternatives are available if the job is located in a rural location?
12:37 - What is the purpose of posting notice (NOJO), and how long must it be posted at the employer’s office?
14:28 - How many additional recruitment methods must an employer choose from the available options, and what are some of these options?
15:42 - Why are these extra recruitment stages sometimes referred to as “optional,” and what is the legal requirement for these advertisements?
16:31 - What are the mandatory recruitment steps for non-professional positions, and how do they differ from those for professional positions?
17:19 - What is the purpose of the recruitment process in the PERM labor certification, and how does it comply with DOL PERM recruitment requirements?
19:02 - What information must be included in a recruitment report, and why is it important to document all resumes received and the reasons they were rejected?
20:05 - What happens if the DOL issues a PERM Audit, and how must the employer respond?
20:57 - What is supervised recruitment, and how does the employer submit a draft of proposed advertisements to the Certifying Officer for approval?
23:41 - What is the role of the Certifying Officer in reviewing the recruitment information and recruitment report to grant or deny the application?
25:20 - What are the timelines to be mindful of?
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