Supervised recruitment may be ordered by the CO in place of a denial, either after receipt of an unsatisfactory audit response, or when an employer has previously failed to respond to an audit letter. The employer should not initiate recruitment without the CO’s request, and the CO will direct where, when and how the recruitment will be conducted.
The employer must submit a draft of the proposed ad to the CO for approval within 30 days of the notification that supervised recruitment is required. The CO will approve the ad and direct the timing of the advertisement. The employer shall notify the CO when the ad will appear. The approved ad must advise applicants to send resumes or applications to the CO, which include an identification number and address as designated by the CO. The ad must fully describe the job opportunity, including a wage rate that meets or exceeds the prevailing wage rate and summarizes the minimum job requirements as contained in the application form. It must further offer training if the job would normally require the employer to provide training.
The wages, terms and conditions of employment must be at least as favorable as those offered to the alien. The CO may also require other specific recruitment efforts containing the same information. The recruitment report must be submitted within 30 days of the CO’s request for the report. The Employer’s written report must be signed, detailed and contain specific information regarding the recruitment process.
If the employer does not respond within the 30 days required in the order for supervised recruitment, the CO shall deny the application. The CO has discretion to grant one extension to the employer.
PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.
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