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Joel Stewart on PERM Labor Certification

Job Interviews and Resumes

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Two questions received: 1. Does the employer have a duty to monitor the job order for applicants or do they wait for applicants to be re ferred to them? 2. Pre-PERM, employers don't need to contact applicants who clearly do not have any experience in the job offered. According to the PERM Book, the applicant should contact applicants with transferable that would enable them to learn the minimum skills on the job within a reasonable amount of time. If the employer stated minimum 3 months of experience for a housekeeper, should the employer consider an applicant who has no such experience but who worked as a cook or a waitress (and therefore might have transferable skills cleaning or cooking in a household)? Should an employer send rejection notice to an applicant who clearly do not meet requirements or not contact them at all?



The Employer has to place an ad in the state job bank for 30 days, however, job applicants normally will be instructed to send resumes to the employer. As a result, the Employer needs to review those resumes which it receives. Although the State Workforce Agency is responsible to place and maintain the job order for the Employer, the latter has the responsibility to check whether the state has made an error and to be certain that the job order ran for 30 days and in accordance with the regulations.



The duty to investigate a job applicant's qualifications would certainly apply if the job order was for a houseworker who has worked in alternate occupations such as a cook or waitress. Many of the houseworker's duties are subsumed in the alternate occupations. This would be especially true in those circumstances where the minimum requirements are only three months, and there is no one special skill that would require lengthy training time.



Rejection notices should rarely be sent. The better view is to contact each applicant to confirm whether the applicant's qualifications are those listed on the resume or whether the applcicant might have some related or alternate experience, education or training so as to be considered qualified for the job.

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