For companies in the San Francisco area who rely on immigrant residents as integral and welcome additions to their workforce, familiarity with PERM is critical. The United States Department of Labor’s Program Electronic Review Management labor certification system includes regulatory provisions that begin while employers are still in the recruiting stage.
When companies need qualified workers and turn to a qualified pool of foreign workers, they must ensure that their PERM Advertising for Bay Area immigrants meets regulatory standards. Knowing what is legal and what mandatory language must be included can mean the difference between a successful PERM hire and a costly DOL review.
The PERM labor certification process begins even before any job advertising or recruiting takes place. It is a lengthy process that demands attention to detail and complete compliance.
Identifying PERM Employment Needs
Employers who choose to complete the PERM process without legal assistance or guidance of an agency that knows the regulations must be sure to document every step in the hiring process. The process is time consuming and thus costly and includes a number of steps.
- Establish Minimum Requirements
Before an ad can be placed or any recruiting can begin, a company needs to establish and document the minimum job requirements of the projected PERM position and obtain a copy of an applicant’s resume.
- Determine the Prevailing Wage
For each position hired under the auspices of PERM, an employer must file appropriate wage documentation with the DOL. The prevailing wage — or acceptable minimum wage for the position — required for the position is reported to the DOL.
- Recruit Domestic Candidates
The DOL requires that all positions be advertised in accordance with PERM regulations. They must include specific language and appeal to domestic workers. If any applications are made, the company must screen and interview every U.S. resident applicant who meets the minimum requirements established in Step 1 and offer them the Prevailing Wage determined in Step 2. This is the most critical part of PERM — ensuring that every potentially qualified U.S. citizen has had an opportunity to accept the position before a foreign worker.
- File Post-Recruitment Labor Certification
When all recruitment has been exhausted, the company may move forward with a hire and apply for the PERM certificate. In addition, post-hire documentation must be maintained with the DOL to ensure continuing compliance.
Whether a company is recruiting alone, or relying on an agency, complying with PERM advertising in the Bay Area is critical to the hiring process. Drawing on a large immigrant workforce is beneficial for every business, families, and the social fabric of San Francisco. However, maintaining compliance with the law ensures that every new hire remains safely employed.
