QUESTION: I have been sponsored for the PERM. I’m not sure what must be done with the recruitment. Can you specify. What exactly is recruitment?
Answer: Recruitment is necessary in order to submit the PERM electronically. It shows that you advertised for the position in question.
Question: What is the SWA?
Answer: This means State Enforcement work Agency. This would be listed where you must file a posting at your State Recruitment Agency prior to filing the PERM. This is where the State will actually put the job on their job board and forward any resumes received.
Question: What is the job posting?
Answer: It is required that you post the job in your place of business in a conspicuous place for at least 10 days.
Question: What must I do if I have a professional degree?
Answer: If the job itself requires the professional degree (one above a B.S. degree), then you can use one of the professional written journals (not on the internet), to advertise in lieu of one Sunday Advertisement. It must be a professional journal that is normal for that industry.
Question: What must be posted at the SWA?
Answer: There must be a job posting at the SWA and it must include the job description and most importantly the prevailing wage.
Question: Can I file a PERM right after the SWA Posting?
Answer: The PERM cannot be filed until there has been a SWA Posting for 30 days.
Question: Do I need to advertise in the newspaper?
Answer: It is necessary that you advertise in the newspaper of general circulation for 2 Sundays.
Question: Is the advertising different for a Professional Occupation?
Answer: Yes. It requires more work and there are more regulations. It must be done as a professional if under Appendix A to the PERM regulations and has a code of 1 or 2.
Question: Is there a deadline to submit the PERM after the recruitment is complete?
Answer: Yes. You must submit the PERM within 180 day of the adverting and recruitment process.
Question: Other than the mandatory requirements, are there other requirements to Recruit?
Answer: Yes and you must choose 3 of the following: Job fairs;Employer’s website; Job search website other than the employer’s – The job search website criteria cannot be satisfied by submission to an electronic national job bank if the SWA’s typical placement procedure is to put the ad in the cite. This criteria, however, is satisfied where private newspaper ad placement automatically includes placement in electronic job search website.On-campus recruiting;Trade or professional organizations; Private employment firms; Employee referral program with incentives; Campus placement offices; Local and ethnic newspapers;or Radio and television advertisements.
* * *
Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
