The PERM certification process is something that requires thorough knowledge of the various criteria that are needed and an incredible attention to detail. Besides the PERM advertising required in Dallas and other parts of the country, there are a lot of other steps that need to be undertaken as well. Perhaps one of the most improperly conducted steps is the reviewing of the resumes.
This might come as a surprise since many companies are quite experienced with reviewing a candidate’s resume for a job. However, this is exactly where the problem stems from. Companies believe that they have a thorough grasp on how to properly remove a resume and follow their standard procedure for any other job.
However, the type of jobs that are promoted by immigration advertising in Dallas are not the same as a standard job. They are the only type of job offer that is directly overseen by the Department of Labor and thoroughly policed by this government agency. That is why this article is here to provide a detailed breakdown of the most important things that employers should be following when it comes to reviewing resumes for the PERM certification process.
Intent on a Cover Letter Does Not Matter
This can be a counterintuitive rule for some employers, considering that a cover letter is meant to signal an applicant’s goals, preferences, and experience. So if their cover letter says that they are interested in getting a position that is different from the one that is offered in the job posting, then it only makes sense that the applicant would be allowed to be excluded from the list of candidates reviewed and interviewed for the position.
However, the Board of Alien Labor Certification Appeals states that this is not sufficient reason to exclude an applicant from the interview process. The basis for this rule is that it would not be logical for an applicant to apply for a position that they have no interest in taking. So if they have put in their application for the position, then it must be assumed that they are interested and willing to take the position unless otherwise formally rejected by the applicant.
Nothing In a Job Posting Is Implied
The presence, or lack thereof, of common sense is something that is widely used in the business world. However, when it comes to the process of PERM certification, there can be no instances of common sense. Nothing can be simply implied in a job posting, so if the employer wants to make something a prerequisite for being qualified for the position, then they need to outright state that on the job posting.
If they end up reviewing an applicant’s resume, only to reject them based off of a criterion that was not outright stated on the job description, then they are almost guaranteed to have their application rejected by the Department of Labor. So it is important to remember that nothing in a job posting is implied and if the employer is going to reject an applicant for something, then it better be something that is strictly stated on the job posting.
Avoid Kellogg Language
A common practice when it comes to filling out job descriptions is the inclusion of what is known as Kellogg language. This is a collection of words that is strategically designed to generalize a lot of things to be included under one statement.
It can be incredibly tempting to use this during the PERM process since it would help to avoid creating a list of 20 different combinations of experience that would be acceptable for the position. So instead, employers could put a statement that says any combination of education or experience is acceptable.
However, what this does is open up the employer to be hit by the Department of Labor for not giving enough applicants a fair assessment and opportunity to accept the job. This is because the general statement includes combinations of education and experience that might be something the employer would not consider to be relevant but the Department of Labor might. That is why it is always best to be safe rather than sorry and avoid Kellogg language as much as possible.
Ensure That All Reasons for Rejection Are Listed
The process of rejecting an applicant for the job of a PERM certification is much more involved than with standard jobs. As part of this, employers need to ensure that they are providing succinct reasons as to why they rejected each and every candidate for their job position. The Department of Labor is usually looking for exact reasons why so that they can evaluate their relevance.
However, a mistake that some employers make is that they tend to only include a portion of the reasons why they rejected a certain candidate. This can sometimes end up hurting the company’s chances of getting their PERM certification approved because the Department of Labor will look at the reasons that they listed and judge them as invalid. However, in many cases the employer had other reasons for rejecting the applicants but they chose not to list it on the form.
A lot of the time when this happens, the reasons that they did not list would have been judged as sufficient reasons by the Department of Labor and resulted in the PERM certification being approved instead. That is why it is always better to be safe than sorry and include every single reason why the employer chose to reject each applicant for the position.
Always Be Sure to Follow Up With Each Approved Applicant
In the normal job market, an employer would reasonably pass up an applicant if they failed to follow up on a request for an interview. However, as previously mentioned, the PERM certification process is not for standard jobs.
When it comes to the resume review and interviewing process of PERM certification, employers need to ensure that they are never putting the responsibility of following up on to the applicants. Instead, the employers need to have proof that they reached out to the applicant and attempted to follow up with them for interviews and job offers.
