Hi, employers! Navigating the Perm process can be tricky, especially when it comes to job advertisements. It's crucial to balance compliance with effective recruitment strategies. In this video, we'll guide you through the key do's and don'ts to help you create compliant job ads that prioritize U.S. workers while maintaining transparency in foreign recruitment. We'll help you avoid common pitfalls and keep your Perm process on track.
Let's dive in!
The Do’s for Job Advertisements:
Follow Prevailing Wage Standards: One of the primary requirements is that the job advertisement must offer a wage that meets or exceeds the prevailing wage as determined by the Department of Labor (DOL). Offering less could lead to a denial.This ensures fair compensation and protects U.S. workers from undercutting by lower-paid foreign workers
.
Advertise Broadly: Employers are required to post the job in various locations to reach a diverse pool of U.S. workers. This typically includes state workforce agencies, online job boards, or professional journals. Additionally, employers must publish at least two Sunday newspaper advertisements in a widely circulated publication relevant to the occupation. The job posting must remain active for a minimum of 30 days to ensure U.S. candidates have a fair opportunity to apply.
Ensure the Job Opportunity is Open to All U.S. Workers: The position must be truly available to qualified U.S. workers, and the criteria for rejection must be related to job qualifications, not unrelated factors. Clear, job-related reasons must be documented for any U.S. applicant who is rejected
Accurate Job Description: The advertisement must clearly name the employer and provide a detailed job description, including the specific responsibilities, qualifications, and required experience. Overstating or understating these requirements to favor a particular candidate—whether foreign or domestic—could result in an audit or rejection.
Comply with Notice Requirements: When setting job requirements for a Perm labor certification, it's important to ensure they align with industry norms, as defined by O*NET Job Zones. If the requirements exceed what's typically expected for that occupation, employers must justify this by showing it meets specific business needs. This prevents inflating qualifications to unfairly disqualify U.S. workers, ensuring the job is accessible to a broader candidate pool.
The Don’ts for Job Advertisements:
Avoid Foreign Worker Involvement: Do not allow the foreign worker to participate in the recruitment process. The foreign worker for whom the Perm is being sought must not be involved in the recruitment or selection of U.S. candidates. This prevents any potential conflict of interest and ensures the recruitment process genuinely aims to hire U.S. workers
Don’t Misstate Job Requirements: Avoid adding job duties or requirements that exceed those listed on ETA Form 9089. The job requirements in the ad must match those that will be used when considering U.S. applicants. Artificially inflating requirements to disqualify U.S. workers will likely trigger audits or even denials from the DOL
Do Not Use Discriminatory Practices: The job must not discriminate based on race, color, national origin, age, gender, or any other protected category. Any hint of bias or unlawful discrimination will lead to an immediate rejection of the labor certification
Avoid Incentive-Based Compensation without Guarantees: If the compensation includes commissions or bonuses, the employer must guarantee that the base wage will meet or exceed the prevailing wage. Failure to do so could lead to compliance issues
Don't Violate Posting Duration Rules: The job must be posted for the correct duration in required media outlets. Posting for too short a time or not using the mandated channels can lead to delays or rejections
Bonus Tip: Timing and Documentation are Key!
When preparing for a Perm application, remember that recruitment efforts can't start more than 180 days before filing. Keep thorough records of every step in your recruitment process and be ready to explain any special job requirements. Proper documentation will be crucial if the Department of Labor conducts an audit, ensuring you remain compliant and transparent.
By following these best practices, you'll not only ensure your recruitment process is PERM-compliant, but you'll also reduce the risk of audits or denials and demonstrate a genuine effort to hire U.S. workers. Clear job ads, thorough documentation, and a good-faith recruitment process are your keys to a successful labor certification.
For more expert tips on navigating the Perm process, be sure to subscribe to our channel and hit the notification bell. At Atlas, we're dedicated to helping you navigate the complexities of recruitment for labor certification. Thanks for watching, and we'll see you in the next video!
Comments