Standards and Major Differences For PERM Recruitment

All businesses need to be aware of the changes to work permits under PERM on March 28, 2005. An immigration lawyer can assure compliance with the new regulations.

What standards will be used in making labor certification determinations under the new, streamlined system?

Answer: The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on: whether there are not sufficient United States workers who are able, willing, qualified and available; whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed; and whether the employer has met the procedural requirements of the regulations.

• Recruitment: The employer is required to conduct recruitment (more than 30 days and less than 180 days) prior to filing.
• Note: While pre-filing recruitment was the basis for reduction-in-recruitment under the regulation in effect prior to March 28, 2005, the recruitment provisions in the new system differ.
• Recruitment: Recruitment provisions are divided into professional and nonprofessional occupations and additional recruitment steps are required for professional occupations.
• Recruitment: Sunday edition newspaper advertisements are required.
• Recruitment: A job order, obtained through the SWA, is required.
• Recruitment: The special handling provision has been removed. Optional recruitment provisions for college and university teachers are in § 656.18. Provisions for college and university teachers of exceptional ability in the science and arts are covered in § 656.5.

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