If you are in IT, this explains everything:
You've been warned 20 years ago (source below), read the last exchange
Speaker 1:
Okay, so we're now in the recruitment phase. We're starting out the PERM process. We've spoken with the HR manager, the employee, and the immigration specialist, and we're ready to roll. We're starting the recruitment campaign.
The person calls in and speaks to Jen.
Speaker 1:
Jen, what type of recruitment is required for the PERM process?
Jen Pac:
The last required recruitment step is two Sunday advertisements in a newspaper of general circulation in the area of employment. In the Pittsburgh area, we typically use the Post-Gazette or the Tribune-Review.
Now, the wage being offered to the foreign national as part of the green card process must only be included in the internal posting, which is a document you hang on the bulletin board.
Speaker 1:
Got it. So Jen, putting that all together, if we were to have sort of a standard set of three other recruitment options, what do we typically use?
Jen Pac:
Most of the time, it's:
- The newspaper’s website (in conjunction with the physical print ad)
- A local newspaper
- The employer's website
Those are the ones I see most often.
Speaker 1:
Yeah, because our goal here is to meet the legal requirements, number one, but also do so as inexpensively as possible. And let's be honest, our goal isn't to find a qualified and interested US worker. That might sound funny, but it’s true.
We are fully complying with the law, but our objective is to get this person a green card and move through the labor certification process. So we're not trying to advertise in places where tons of applicants will apply. We're trying to comply with the law and hope not to find qualified and interested candidates.
That’s the process we’ll go through with you from the beginning. Jen or someone else on our team will go over the three options with you. Once we’ve selected them and posted the ads, we start receiving resumés.
There’s a 30-day window where people can apply. During that time, the employer - underline the employer - is required to review those resumés. Unfortunately, although we can assist, it’s ultimately the employer’s responsibility.
Jen Barton, since you handle this a lot, what exactly is the employer’s obligation during this phase?
Jen Barton:
The employer is obligated to review all resumés received in response to the ads, internal postings, and online listings.
We provide a chart that includes all the stated minimum requirements we’ve shown to the Department of Labor. Employers check off whether each applicant meets or does not meet those requirements and whether the applicant is interested or not.
By “interested,” we mean things like: do they like the salary, the work location, or the job itself? If not, they can be marked as not interested. These are valid reasons to disqualify them.
If someone appears very qualified, we ask the manager for that position to step in, review their qualifications, and if necessary, schedule an interview. Then we try to find a legal basis to disqualify them if possible. In most cases, that’s not a problem.
Speaker 1:
So Jen, I’ve got a question. I’m the HR person, and I get 50 resumés. The last thing I want to do is interview all 50 people. Does the law require that I interview every single candidate?
Jen Barton:
No, you don’t have to interview everyone. If it's clear from the face of the resumé that someone is not qualified, you can eliminate them without an interview.
Source: https://www.youtube.com/watch?v=TCbFEgFajGU&ab_channel=programmersguild