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Joel Stewart on PERM Labor Certification

PERM: Where Have all the O*Nets Gone?

Rating: 3 votes, 5.00 average.

It's no secret that O*Net is a constantly changing database, with new interpretations appearing almost every day of the week!

Those of you who research occupations on the O*Net for PERM applications have probably noticed that the Job Zone Levels, title, descriptions, and even the occupations themselves are subject to sudden and unannounced changes.

The result is may be a series of inconsistencies. For example, if you select an occupation for recruitment, by the time your recruitment is completed, the O*Net information may have changed.

No only may the O*Net information change (Job Zone Level, SVP, "normal" requirements in the US, etc.), but one colleague reports that a SWA assigned an O*Net number for an occupation in connection with a prevailing wage request.

However, when the recruitment was completed, the Certifying Officer denied the application, because when the CO looked at the O*Net occupation, it had disappeared from the internet!

The CO, of course, is not responsible for the placement or removal of O*Net numbers on the internet.

My colleague was told to refile the case with a corrected number and prevailing wage, however, the application would be outside the 180 day period for advertising. Everything would have to be done from the beginning.

To protect yourself, you should always print out the page from the internet with the date and time appearing on the bottom of the page.

This advice also applies to printouts of 30-day job orders from the internet. The State Workforce Agencies are prone to modify the job orders, add or subtract information, or even to cancel them prior to the 30-day period requested.

The DOL will not sympathize with an employer whose job order does not meet the letter of the law, even if it was not the fault of the employer.

The DOL recommends printing out internet data with the start date and end date of the event.

For example, if the Employer has advertised the position on a website, or given Notice of the filing of the application on its internal web, the first and last day should be kept as proof.

Although most employers keep only the first and last day, a very careful employer may print out each and every day. This would be 30 days for the job order with the SWA, 10 days for the internal web posting, and all dates for which internet ads may have appeared.

The internet ads would be used normally for professional positions, which require additional recruitment. Remember that the basic recruitment is two Sunday ads plus a 30-day job order with the SWA. The professional positions, however, require three additional forms of recruitment, which may include internet ads.

The most popular internet ads are placed with newspapers, as they offer electronic internet ads in a package which also includes an ad in the paper form of the newspaper. Such advertisements count for the basic newspaper ad (on Sunday) and also for the additional professional recruitment.


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