Volume VII, Issue 2 March 2013

In This Issue
1. Job Orders Ask if Position is Associated with Labor Certification
2. United States Unemployment Rate February 2013
3. PERM Processing Times as of January 3, 2013

Clients' Comments Corner:
See what our clients are saying about us!

1. Job Orders Ask if Position is Associated with Labor Certification

When posting a job order, some State Workforce Agencies (SWA) require employers to identify if the position is associated with an application for labor certification. Pennsylvania asks, "Is this position associated with an application for a Permanent Labor Certification (PERM)?" The site requires you to answer Yes or No. States like Florida and Maryland ask if the job falls "within any of the following special categories," and they list Foreign Labor Certification as an option. The SWAs recommend selecting the labor certification category because it indicates to the workforce representatives that the job order should be left open and untouched for 30 days. These questions are used only for internal classification, and are not displayed to job seekers.

The regulations for H-2B positions, on the other hand, do require job orders to clearly state that the job order is being placed in connection with an H-2B application. Most SWAs now include a separate question about the H-2B or H-2A status. Massachusetts displays this information to job seekers.

Recently USADWEB was made aware of a denial that the Department of Labor (DOL) issued, stating that identifying the job order as connected with a Permanent Labor Certification is a "violation of the regulations that the job opportunity is clearly open to any U.S. worker" and that "U.S. workers are less likely to apply if they know the job offer is for a foreign labor certification." However, in this case, the employer had submitted to the DOL the internal employer view as proof of the job order. This internal view shows many questions required by the SWA for processing and approving the job posting that are not necessarily displayed to job seekers. The posting as it was viewable to job seekers would not have displayed the labor certification classification. 


2. United States Unemployment Rate February 2013

The unemployment rates around the country can greatly impact a company's decision to sponsor an application for labor certification. When unemployment rates are high, companies may elect not to proceed with the certification process. Rates can vary by state and industry. There are several states with jobless rates that are well below the national average. Employers in these states may be more available to sponsor employees.USADWEB is providing information on the current unemployment rates as a convenient tool to assist you as you prepare your cases. The unemployment rate, which had increased slightly to 7.9% in January, decreased to 7.7% in February, according to the Bureau of Labor Statistics.

3. PERM Processing Times as of January 3, 2013

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews October 10 2012
Audits May 31 2012
Reconsideration Requests to the CO January 7 2013
Gov't Error Reconsiderations Current

Clients' Comments Corner

I have been a client of USADWEB since 2005. Using USADWEB has made the PERM recruitment process much less burdensome for our law firm and our clients. We used to spend countless hours searching for newspapers all over the US to ensure compliance with the PERM, H2A and H2B regulations. It took too much time following up with busy media sales people and chasing down tearsheets. It's a comfort to know that you can just place your advertising order and be done with it. I have enjoyed working with the people at USADWEB and have recommended their services to each firm I work with. Thanks USADWEB!

(Law Office, Austin, TX)


USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more than half a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!

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USADVolume VII, Issue 2 March 2013

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