4 Challenges Unique to PERM Supervised Recruitment

By Rachel Horner

A Supervised Recruitment PERM Audit is issued by the Department of Labor as a final opportunity to satisfy their requirements for PERM Recruitment. If you’re receiving a request from the DOL to run a Supervised Recruitment Campaign, you’ve already completed a standard PERM Campaign that was ultimately rejected. During this much more rigorously scheduled recruitment timeline, a Campaign Officer (CO) will be directing you on which steps you must follow and will either approve or deny your subsequent petition.

Here are a few things to remember when it comes to PERM supervised recruitment:

1. The ad text must be approved by the CO prior to its publication

The CO will look for, in addition to the normal requirements for an ad, a complete job description, the offered wage rate, the minimum job requirements, and whether or not job training is required.

2. Applicants must send their resumes/information to the CO — not the petitioner

The CO will be the first party to review applicants – not the employer. This is one instance of how the supervised recruitment process takes much more time; the CO must read over the resumes and personal information of each applicant, and only then will it be sent to the employer.

3. The advertisement will most likely need to be published in a high-circulating area newspaper for three consecutive days (one of which must be a Sunday)

If a Sunday newspaper is chosen as a method of advertisement (which it most likely will be), the advertisement will require more days of publication and visibility, instead of the usual requirement of two advertisements which do not need to be consecutive.

4. Withdrawing from multiple supervised recruitments may disbar the employee from the labor application process

While employers have the option to withdraw from the supervised recruitment process, doing so multiple times may prompt the DOL to investigate. If a pattern of negligence or failure to comply with the supervised recruitment process is found, the employer can be banned from the labor application process for more than three years.

Remember…

The PERM supervised recruitment process operates on a tight timeline and holds requirements much stricter than that of the normal PERM recruitment process.

In addition to more typical PERM audits, Park Advertising has experience dealing with these specific types of supervised recruitment cases. Our case-tracking system, which went live earlier this year, swiftly facilitates the recruitment process and is instrumental for cases where deadlines are more important than ever. Our technology solutions, coupled with our dedicated staff, make for an airtight process that will help reduce the stress that we know comes with the territory.

If you’d like to reach out for a consultation or questions, contact [email protected].