March 28, 2005 marks DOL’s implementation of the new PERM regulations.

Here are high lights of the PERM :

RECRUITMENT

• Recruitment must be conducted at least 30 days but not more than 180 days prior to filing(similar to RIR)


• Recruitment must include placement of a job with the State Workforce Agency(SWA) for 30 days.


• Two Sunday newspaper advertisements must be run, with the option of an ad in a professional journal available in some instances


• Employer must show evidence of other forms of recruitment for professional occupations (i.e. web postings, on campus recruitment, college job postings, employee referral program, recruiter assistance, etc.)


• Ads must bear the employer’s name, a description of the position, and the geographic location of the job (wage is optional)


• Employer must report recruitment results and provide job-related reasons for rejecting US workers – requires extensive applicant tracking of number of applications received, number of interviews conducted, number of offers made, and reasons for rejecting those who
  
  were not offered positions.


• Employer must also show evidence that laid-off workers have been considered for the positions noted on the AEC and must provide job related reasons for rejection.


• Employer must maintain resumes/application materials for documentation/audit purposes for 5 years.
  

JOB OPPORTUNITY

• Employer must offer at least 100% of the prevailing industry wage as determined by the SWA (prevailing wage determinations must be submitted to DOL to show evidence)


• Job requirements just represent Employer’s actual minimum requirements


• Alien’s background must meet actual minimum requirements


• Alien’s qualifying experience cannot be gained with the sponsoring employer (except in
  
  very limited circumstances).
  

REFILING

Employer may refile a previously submitted AEC and retain the initial filing or “priority date” under the following conditions

• Case must meet final rule recruitment requirements


• Case must be identical to original application


• Previous filing must be withdrawn.


• A refiled case is considered “withdrawal” of the previous case


• Employer may withdraw a previous case prior to refiling, but must refile within 210 days in order to retain original filing date