to Conduct the PERM Labor Certification Recruitment Process
My company needs to hire a Computer Engineer who is now a F-1 student, and will start the Labor Certification process for his Green Card application after his employment. Please let us know how to conduct the PERM Labor Certification recruitment process? and do we have to also post the job position in the Job Bank of State Labor Department?
The U.S. Department of Labor (DOL) has policies for the required PERM Labor Certification recruitment process for employers. The U.S. employers should use newspaper and 3 other forms for additional recruitments. Also, an employer should also post the job position in the Job Bank of its State Labor Department. In the recruitment process, the employer should respond to all applicants and their resumes properly. Also, the employer should have an appropriate candidate screening process and interview process.
The first thing that should be done before starting the PERM recruitment and advertising process is to determine the prevailing wage for the offered position. This is the wage that the DOL has determined to be appropriate for this particular position in your geographic location. You must make sure that if your job advertisements display the wage, that it is not lower than the prevailing wage.
Employers are required to place a job order with the appropriate State Workforce Agency (SWA). It is important that this job order is placed with the state workforce agency that corresponds to the state in which the work will take place. For example, if you are an employer located in state A that has a position open in a branch in another state B, then you must place the job order with the state B workforce agency, instead of the state A workforce agency.
Once you have placed the job order, you need to let it run for at least thirty (30) consecutive days, including weekends. Many prospective employers choose to allow the order to run for a few days longer to avoid the complications that can arise from not adhering to this 30-day regulation.
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