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1. Impact of Layoffs on PERM
During this past year of international economic turmoil, many companies were forced into workforce reduction. Layoffs during an economic downturn often mean a six-month delay until a PERM application can filed. The PERM filing form includes a section for the employer to attest to whether they have laid off any employees in that occupation, or in a related occupation, within the past six months. If the employer did lay off such workers, they must further attest to whether they contacted and considered these workers for the position on the PERM application. A filing that indicates layoff during the previous six months is likely to be audited.
Although the national unemployment average is nearing 10%, fortunately, there are many states that have not been hit as hard as others. About 40% of states still have unemployment rates below 8%. Some of those states include: Utah (6.2%), Virginia (6.7%), Kansas (6.9%), and Maryland (7.2%). Additionally, there are bright spots in the economy. Areas of education and health services have increased jobs by almost 7% in the past two years. Leisure and hospitality positions have declined by only 1.3% over that same time period.
2. Determining the Low End of Salary Ranges
Recent decisions by the Board of Alien Labor Certification Appeals (BALCA) have set forth clearer guidelines on the use of salary ranges in PERM advertisements. In the Matter of Thomas L. Brown Associates, P.C., 20 CFR 656.17(f)(5), BALCA stipulates that ads must not contain wages that are less favorable than those offered to the alien.
Therefore, when listing a salary range in an advertisement or job order, the low end of the range must be either the alien’s actual wage at the time of hire, or the current prevailing wage at the time the certification is prepared, whichever is higher. If the alien’s position has changed since the date of hire (i.e. as a result of a promotion), the salary for the new position must be used. Again, this would be greater of the actual salary or the prevailing wage.
For Example:
A beneficiary hired at a starting salary of $30,000 per year now makes $35,000 working in the same position, for which the prevailing wage is $32,000. In this case, the salary listed in the ads may not be less than $32,000.
If a beneficiary was hired at an annual salary of $50,000 and was since promoted to a new position making $65,000, for which the prevailing wage is only $60,000, the low end of the salary range would have to be $65,000 since this is the new position for which the certification is sought.
PERM regulations do not require the salary to be listed in the advertisements. If you do choose to include it, we hope this information helps you in determining the appropriate range to use.
3. Posting on a Job Search Website: 14 vs 30 days?
USADWEB is often asked whether to post on a job search website for 14 or 30 days. The Department of Labor (DOL) regulations state that "the use of a job search Web site other than the employer's can be documented by providing dated copies of pages from one or more website(s) that advertise the occupation involved in the application. Copies of web pages generated in conjunction with the newspaper advertisements…can serve as documentation of the use of a Web site other than the employer's."
The regulations are silent as to the duration required. Many newspapers run the ad online for one week per print insertion, making a combined 14-day web posting for two Sunday insertions. That seems to be sufficient, as most job applications occur in the first few days of posting. The 30-day option seems to be a much more conservative stance, probably based on the fact that the state job order must be posted for a minimum of 30 days.
USADWEB will post any job for as long as you would like, based on your own preference. Every order is custom-tailored to suit your recruitment needs.
Clients' Comments Corner
"USADWEB has reliably and consistently placed all of my office's PERM advertisements for the past three years. We are continuously impressed with their reliability, consistency, and attention to detail. We are a large firm with a high volume of labor certification cases, and we would not be able to move our case load as efficiently without their reputable services. In many instances, USADWEB has gone above and beyond our expectations for an ad placement company. We have used other companies in the past with disappointing results. USADWEB has consistently delivered great results for all of our ad placements. The staff at USADWEB are extremely knowledgeable and attentive. They are able to timely place any type of advertisement anywhere in the country. Their research skills are phenomenal. We look forward to continuing to use their services for all of our ad placements needs."
(Law Firm, Atlanta, GA)
About
USADWEB
USADWEB,
LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more
than half a decade, we have helped law offices
and companies all over the United States meet the Department of
Labor's recruiting requirements. Take advantage of our expertise and
relationships with publications throughout the country. Our
knowledgeable staff has experience placing all forms of recruitment:
newspapers, periodicals, journals, internet job search postings,
campus recruitment, radio ads, and more. Contact a representative
for more information on placing your ads today!
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