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Labor Certification Under PERM - Frequently Asked Questions


How does an employer determine whether to advertise under the recruitment requirements for professional occupations or nonprofessional occupations?

The employer must recruit under the standards for professional occupations set forth in § 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation, for which a bachelor's or higher degree is a customary requirement. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at § 656.17(e)(2). Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations. Therefore, if the employer is uncertain whether an occupation is considered professional or not, the employer is advised to conduct recruitment for a professional occupation.

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When advertising for a professional occupation, must the required steps, i.e., the job order, the two print advertisements, and the three additional recruitment steps be different?

Generally, all the required steps must be different. Steps cannot be duplicated nor can one step be used to satisfy two requirements, except in the case of copies of web pages generated in conjunction with the newspaper advertisements which can serve as documentation of the use of a web site other than the employers. For example, the employer cannot count two advertisements in a local and/or ethnic newspaper, or two postings on a web site, as two steps. Similarly, the employer cannot use a professional journal in lieu of a second Sunday newspaper advertisement and then count it again as an additional ‘trade or professional organizations’ recruitment step, or count the job order again as an additional ‘web site other than the employer's’ step.


Will placing an advertisement on America's Job Bank (AJB) satisfy the ‘web site other than the employer's’ additional step requirement for professional occupations?

Yes, but only if the placement is not being used to satisfy the job order requirement. Where the State Workforce Agency (SWA) job order placement procedure consists of placement of the job order on AJB, then that job order placement cannot be counted as one of the additional recruiting steps.

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