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Supervised Recruitment
Practical Law Glossary Item 9-508-3161 (Approx. 3 pages)
Glossary
Supervised Recruitment
A procedure requiring employers to conduct PERM labor certification recruitment under government supervision. To understand standard PERM labor certification recruitment, see Key Immigrant Visa Classifications Chart: Permanent Labor Certification and DOL: Permanent Labor Certification.
Supervised recruitment is penalty imposed on employers for either:
- A single PERM application, to supplement existing employer-conducted recruitment when the Department of Labor (DOL) finds it is warranted (20 C.F.R. § 656.20(d)(2)).
- All PERM applications filed for up to two years in the future, if the DOL determines the employer has (in relation to a single PERM application):
- made a material misrepresentation; or
- failed to produce supporting documents or produced inadequate documents.
In typical PERM processing, the recruitment process is conducted entirely by the employer in its normal course of business before submitting the PERM application. The recruitment may take place over a six-month period. In contrast, supervised recruitment is overseen by the Certifying Officer of the DOL's Office of Foreign Labor Certification. It must be conducted within a few weeks, and requires DOL analysts to actively participate in the drafting and placement of the advertisements, and in the assessment of resumes submitted by the candidates.
Employers subject to supervised recruitment must:
- Receive DOL approval of the following before placing the advertisement:
- location and duration of ad run; and
- ad content.
- Include details of the job opportunity, including the employer's minimum requirements for:
- education;
- training;
- experience; and
- specific skills or knowledge.
- Instruct applicants to send resumes to the DOL rather than directly to the employer.