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Joel Stewart on PERM Labor Certification

PERM Seminar October 14 to Focus on Recruitment Issues

Rating: 7 votes, 5.00 average.

I am looking forward to the October 14 ILW Telephonic Seminar, featuring Edwin R. Rubin, Jefrey A. Devore, and Jennifer G. Roeper.


Since this is a panel on PERM for Experts, the team will focus on some complex and cutting edge issues.


Experience during the last five years with PERM has shown that a delicate balance exists between the benefits of electronic processing, program integrity, and changing concepts of DOL policy.


One concern is the timing and efficiency of the PERM timetable. With prevailing wage determinations taking months, how does an Employer setup a recruitment campaign to file Form 9089 as soon as possible?  Why does the prevailing wage determination often some Employers to miss the PERM Filing deadline?


Another problem area is identifying and organizing documentation of recruitment efforts. Each requirement, whether it be Notice or Advertising, has a different standard to document compliance.


Recruiting workers, proper procedures to contact, by phone or by certified mail, conducting interviews, and documenting results of recruitment campaigns, are still unsettled issues under PERM, as they were under the pre-PERM law.


Questions also abound about Supervised Recruitment. Is a new prevailing wage determination required if an Employer's case is routed to a new recruitment campaign under Supervised Recruitment?  Does Supervised Recruitment require Certifying Officers to direct the new recruitment campaign according to the PERM Rule or are recruitment instructions left entirely up to the discretion of the Certifying Officer?


What kind of standards is DOL applying when it conducts an audit of recruitment efforts, filing requirements, and prevailing wages?


A series of BALCA decisions have been issued on recruitment issues, addressing inconsistencies, errors and other criteria affecting notices of filings, advertisements, 30-day job orders and the PERM Form 9089. The Seminar will cover these decisions as well.


PERM cases, once perceived as easy, have now become extremely difficult and enigmatic, with the clash of technologies -- legal terms of art, human intuition and rationale, and new computer paradigms.


Tune in to the PERM seminar, where our experts will give you their insights and instructions to navigate through a successful PERM recruitment campaign. As always, the panel will answer your questions during a Q & A following the presentation.

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