November 9, 2010

Last month the Department of Labor met with representatives of the American Immigration Lawyers Association (AILA) and the American Council on International Personnel (ACIP). One of the more important pieces of news to come out of the meeting was the DOL revealing it plans an increased emphasis on compliance with respect to the PERM program.

The DOL is transitioning to a new processing contractor. While it expects that to mean a higher level of customer service for users of the PERM program, it is also planning more audits and more cases finding their way to Supervised Recruitment.

Currently the Supervised Recruitment process involves a Certifying Officer instructing employers as to which specific publications they must place their job advertisements. Employers are also told when the advertisements have to appear.

The advertisements must tell applicants to send resumes directly to a PO Box controlled by the DOL’s Office of Foreign Labor Certification. From there it is passed along to the employer’s attorney or agent of record.

According to the DOL, Supervised Recruitment can be required of an employer “where the Certifying Officer determines it appropriate.” The DOL estimates that when the process is “clean” (without needing additional information from the employer) it takes approximately six months to process.