July 19, 2010: PERM Advertising Requirements

PERM Advertising Requirements

I have a question regarding the Green Card PERM process. My employer wants to process a green card for me. They started with PERM process and are in process of putting together an advertisement. I wanted to know what kind of advertisement should this be?Should it be the same advertisement that ran while hiring me one year ago or could this be revised?
— Anonymous

The advertising rules are very specific and must be followed closely. Generally, the PERM process requires that the employer run two print advertisements, with one ad running on two different Sundays in a newspaper of general circulation in the area of intended employment.

When it is a professional position that requires work experience and an advanced degree, the second Sunday ad may be substituted with an ad in a professional journal that would be appropriate for the job being offered. Both of these ads must be published more than 30 days, but not more than 180 days, from the date of filing. The salary being offered does not need to be included in the ad. For professional positions, applications must also include documentation of three additional recruitment steps (from a list of 10), which must be different.

Unless there is a bargaining representative in the area of intended employment, the employer is required to post a notice about the job opportunity for ten consecutive business days in a conspicuous place at the place of employment. The notice must be posted between 30 and 180 days prior to the filing of the application. Notice of the job opening must also be published via any and all means of communication that are normally used to fill open positions within the establishment. The employer must also publish a job order with the state employment office that serves the area of intended employment. The job order must be placed for 30 days and must be placed within 30 and 180 days of filing the application. The employer is required to review all of the responses received as a result of its recruitment.

It must be noted and understood that this is general information about one part of the labor certification process and that there are a lot of nuances within this process. Furthermore, it is evident that this is a very tedious process that must be done properly to be successful. It may be wise for your employer to contact an immigration attorney with extensive experience in the labor certification process.

Michael Shane and Evan Shane, Immigration Attorneys