RECRUITMENT EFFORTS AND RESULTS FOR YOUR POSITION

While the DOL looks to your original date of hire for some purposes, it looks to the date of the filing of the labor certification for others, including the recruitment requirement. Initially, the DOL does not require that your employer show recruitment for your position at the time of your initial hire, because you were hired as an H-1B temporary worker. Now that your employer has decided to pursue a labor certification for you, the DOL considers that a "real" position for which U.S. workers should be considered.
Labor certifications are now filed under the PERM process directly with the Federal DOL in Atlanta. The U.S. employer will comply with the DOL’s very specific recruitment instructions during the six months prior to the filing of the labor certification. Finally, once recruitment is conducted, your employer will review resumes to determine if any of them should be reviewed by your manager. BY LAW YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS PART OF THE PROCESS. If no qualified applicants are identified, we will file the application with the DOL. This proof must include print ads, internet ads, and an internal posting for 10 business days. if the application is not selected for an audit or an audit has been received and reviewed, the DOL will certify the PERM application.

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