What Is Involved in the Supervised Recruitment
Process for My PERM Application?
My employer was selected for supervised recruitment by U.S. Department of Labor’s Office of Foreign Labor Certification for my PERM Labor Certification Application. What is Involved in the Supervised Recruitment Process?
If a PERM case is selected for supervised recruitment, expect to add at least six months to one year of delay to the overall processing time. U.S. Department of Labor (DOL) requires the employer to provide a draft advertisement of the job opportunity within 30 days of the recruitment notice. Unlike the typical pre-filing recruitment ads, which only needs to apprise US workers of the job opportunity for which certification is sought, the supervised recruitment ad must describe the job opportunity in detail, list the minimum requirements, and most importantly, direct resumes to be sent to a DOL address.
Once the draft ad is approved by DOL, it sends the employer recruitment instructions outlining where and when the recruitment ads should appear and for how long. Normally, the ad will need to be placed in a newspaper of general circulation for three consecutive days with one of the days being a Sunday.
After a 30-day period following the new ads, DOL will forward to the employer all resumes received in response to the supervised recruitment efforts. The employer will be required to consider all US applicants for the job opportunity and can only reject applicants for lawful job-related reasons.
DOL will issue a Recruitment Report letter and the employer has 30 days to respond with a detailed recruitment report detailing the number of resumes received, the number of workers interviewed and lawful reasons as to why each applicant was rejected along with evidence of recruitment and documentation of the resume review processes. After DOL receives the Recruitment Report, it will either approve or deny the case or order additional recruitment.
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