The Kidambi approach to processing PERM Based Applications
PERM Based Applications - Overview
Employers are now required to place two print advertisements on two Sundays [no requirement that they be consecutive] in a newspaper of general circulation in the area of intended employment. The ads must be placed at least 30 days prior and no more than 180 days prior to filing. Advertisements must be placed in newspapers of general circulation, or in professional journals before filing the Application for Permanent Employment Certification must:
- Name the employer;
- Direct applicants to report or send resumes, as appropriate for the occupation, to the employer;
- Provide a description of the vacancy specific enough to apprise the U.S. workers of the job opportunity for which certification is sought;
- Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity;
- Not contain a wage rate lower than the prevailing wage rate;
- Not contain any job requirements or duties which exceed the job requirements or duties listed on the ETA Form 9089; and
- Not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.
Additional Recruitment Steps:
PERM requires professional positions to undergo 3 additional steps of recruitment
Acceptable additional recruitment steps are:
- Job Fairs
- Employer’s Web Site
- Job Search Engine
- On-Campus Recruitment
- Trade or Professional Organizations
- Private Recruitment Agencies
- Employee Referral Program
- Campus Placement [If job only requires degree w/no experience]
- Local and ethnic newspapers
- Radio and Television Ads
The additional recruitment steps must take place no more than 180 days prior to filing. Only one of the additional steps may take place within 30 days of filing. Most H-1B positions would qualify as professional positions.
Report of Recruitment:
Employer must prepare a Report of Recruitment for each Application. The report must include details of number of hires and the number of U.S. workers rejected and lawful job-related reasons for rejection. The employer must sign the report and retain it for each application filed. The Employer is required to maintain the Report and all other supporting documents for a period of 5 years from date of filing.
If you have a prior Application that was filed on your behalf and you are seeking to use the filing date from that Application, please provide us with the filing date, copy of prior application and other proof of filing like, certified mail receipt, letter from the State Workforce Agency, etc.