Volume VII, Issue 9 December 2013

In This Issue
1. SWA Referral Requirements Differ Between PERM and H-2B Cases
2. Holiday Cheer!
3. United States Unemployment Rate November 2013
4. PERM Processing Times as of December 6, 2013


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


1. SWA Referral Requirements Differ Between PERM and H-2B Cases

There are many differences in the recruitment process for PERM and H-2B cases. The most notable perhaps is the difference in the length of time the State Workforce Agency (SWA) job order is required to be posted.  H-2B job orders need to only be posted for 10 days, versus the traditional 30-day posting period for PERMs.

Another area of difference is in the required steps employers must take to contact applicants and subsequently include them in the final recruitment report.  The Department of Labor (DOL) FAQs regarding PERM job orders asks in Question 4:

  • Must the employer contact all individuals identified as a “match” by a computerized state employment system or must the employer only contact those applicants who have submitted a resume and/or response as specified by the employer in the job order?

The DOL proceeds to answer this question as follows:

  • The employer is responsible for considering/contacting those applicants who have affirmatively provided a response as specified by the employer in the job order.

This response by the DOL clearly puts the responsibility on the job seeker to make an affirmative application for the job. The employer is not held responsible for contacting or keeping a record of job seekers that do not actively apply, but are merely “matched” by the SWA’s referral system.

By contrast, the regulations for H-2B job orders require employers to contact all job seekers who actively  apply or are referred by the job bank. The regulations at 20 CFR § 655.15(j)(2)(ii) mandate that on the recruitment report the employer must “[s]tate the name and contact information of each U.S. worker who applied or was referred to the job opportunity up to the date of the preparation of the recruitment report.” Employers are also required to retain the “resumes (if available) of, and evidence of contact with” any applicants who have applied or have been referred by the SWA.

USADWEB can obtain the names of applicants that have been referred by the Workforce at the end of the 10-day posting period.

2. Holiday Cheer!

Ho! Ho! Ho! Enterprises, dba Mr. Claus’ Workshop, was recently audited by the Department of Labor (DOL) because of the choice of local paper the employer used. As one of the three additional recruitment methods for a Workshop Supervisor, the employer ran an advertisement in the North Pole Gazette. The Department of Labor requested additional documentation because the Gazette is a community paper published by a parent publication, the Tundra Times. The classified section states Tundra Community Classifieds and does not include the actual name of the local newspaper.

USADWEB responded quickly to the employer's request for assistance in replying to the audit. We were able to provide documentation from the newspaper to verify that the Tundra Community Classifieds is the classified section published in the North Pole Gazette, and that the Gazette has a separate and distinct circulation from the Tundra Times, which the employer had used for its Sunday advertisements.  


3. United States Unemployment Rate November 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 Bureau of Labor Statistics report was just released due to a delay from the government shutdown. The unemployment rate decreased from 7.3% in October to 7% in November, according to the Bureau of Labor Statistics.

4. PERM Processing Times as of December 6, 2013

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews April 2013
Audits October 2012
Reconsideration Requests to the CO December 2013
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

Clients' Comments Corner

We have worked with USADWEB in placing newspaper ads for immigration purposes for several years now. They have been very efficient in helping us get the ads placed and obtaining proof of ads placed. We can always rely on their assistance in getting the ads ordered and placed in a timely fashion on behalf of our clients.

(Seattle, WA)


About USADWEB

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 9 December 2013


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