Dr. William:

My employer will sponsor my green card application through EB3 Labor Certification, and I also plan to apply for NIW at the same time by myself without my employer's support.

Since the new PERM program will begin soon for the Labor Certification, I heard that the recruitment advertisement in the PERM program is different from the traditional Labor Certification, can you give me more idea of what are the recruitment advertisement requirements in the PERM?

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Answer: 

The PERM regulation of Labor Certification requires different level of recruitment depending on the level of occupations. For Professional Occupations, it requires "Additional Recruitment Steps" on top of the "mandatory steps." Professional occupations mean the occupations that require minimum of a bachelor or higher degree.  

Mandatory Steps: Two Sunday edition local newspaper ads. For the jobs that require a bachelor's degree without experience requirement, two newspaper ads are absolute requirements. However, those jobs that require either experience on top of a bachelor's degree or an advanced degree, the employer can combine one newspaper advertisement and one professional journal ad. 

Additional Recruitment Steps: On top of the mandatory recruitment campaign, the employers are also required to engage in at least three (3) additional campaigns out of the following 10 options:

1) Job Fair: advertisement or program should name the employer name. 

2) Employer website: Dated copies of the advertisement page. 

3) Job Search Websites: Dated copies of the advertisement page.

4) On-Campus Placement: Collect a statement from the college placement office that it was posted with the name of the employer and date of interviews conducted.

5) Trade or Professional Organizations: Copies of pages of newsletters or trade journals of these organization carrying the employer advertisement. 

6) Recruiters or Employment Agencies: Copy of contract with such firms and copy of the advertisement by such firms.

7) Employee Referral Program with Incentives: Employer should keep dated copies of the employer notices or memos advertising such program to the employees. 

8) Campus Placement Offices: Copy of notice of job opportunity provided to the campus placement office. 

9) Local and ethnic newspapers: Copy of the advertisement page.

10) Radio or TV Ads: Copy of the text of the advertisement along with a written confirmation that it was aired.

 

 

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