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The Supervised Recruitment for PERM Labor Certification

Hi William,

What is the Supervised Recruitment for PERM Labor Certification? How does a PERM application get selected for Supervised Recruitment?


Due to the high rate of unemployment in the United States in the past years, U.S. Department of Labor (DOL) has suggested it will subject more Labor Certification (PERM) cases to "supervised recruitment." The Supervised recruitment is one of the tools DOL uses to protect the integrity of the PERM
Labor Certification program. Thus, employers need to understand what supervised recruitment is, and prepare for additional recruitment steps and delays.

Under regulation 20 CFR656.21, if 
U.S. Department of Labor determines an employer substantially failed to produce required documentation, or the provided PERM application documentation was inadequate, or a material misrepresentation was made with respect to the PERM application, or if the Certifying Officer (CO) determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment.

If an employer is required to undergo the supervised recruitment, the DOL will direct the 
PERM Labor Certification recruitment effort. This includes approval of the employer's advertisement text by a Certifying Officer prior to the employer's placement of the advertisements. The employer should arrange for the advertisements to run within the designated timeframe, using the forms of recruitment specified by the CO, such as one of the required advertisements ran online on Monster.com or Hotjobs.com.

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