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Labor Certification
In March 2005, the Department of Labor (DOL) implemented a new labor certification procedure called Program Electronic Review Management (PERM).

The first step under PERM is obtaining a Prevailing Wage Determination from the DOL for the offered job. The next step is to conduct a recruitment campaign. Basically, the recruitment process involves the following:

1. Place a Job Order with the State Workforce Agency for a period of 30 days
2. Two Sunday advertisements in an appropriate newspaper
3. Posting a Job Opportunity Notice at the worksite for 10 business days

If the position is professional in nature, meaning one requiring at least a bachelors degree, then three additional recruitment efforts from the following are required:

1. Evidence of recruitment at job fairs
2. Posting on the prospective employers website
3. Posting on a job-related website other than that of the prospective employer
4. Evidence of on-campus recruiting at colleges or universities
5. Listings with or in journals of trade or professional organizations
6. Efforts of recruitment from private employment firms
7. Evidence of employee referral program(s)
8. Listings in local and ethnic newspapers
9. Evidence of radio and/or television advertisements

There is a waiting period of 30 days from the last recruitment effort to see if able, willing, and qualified US workers are available.  On completion of the recruitment process, a report has to be compiled giving specific job related reasons for rejecting US applicants.

Once the above steps are completed, the Application for Labor Certification can be filed either electronically on line or by mail.  The DOL makes a decision in about three months.  The decision could be a certification, audit, or instructions for supervised recruitment, as the case may be.

For Frequently Asked Questions, CLICK HERE.

                 
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