Volume VIII, Issue 7 October/November 2014

In This Issue
1. USADWEB Welcomes Your Audit Stories
2. Upcoming Holiday Weekends: Thanksgiving Weekend
3. Notice of Filing Must Name the Employer
4. United States Unemployment Rate October 2014
5. PERM Processing Times as of November 7, 2014

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

1. USADWEB Welcomes Your Audit Stories

USADWEB welcomes any audit experiences that our clients are willing to share with us in an effort to better meet your needs. Knowing what the Department of Labor (DOL) is looking for in their audits, and how successful our clients have been in their audit responses, helps us to provide the most effective service when placing your ads.

In the event of an audit, please contact your ad representative as soon as possible for any additional information you may need in order to submit a timely response.

2. Upcoming Holiday Weekends: Thanksgiving Weekend

Thanksgiving is just around the corner! Some attorneys choose to avoid running advertisements on holiday weekends. Please advise your ad representative if you will be skipping ads on Sunday, November 30th.

For more information and to make a decision about running on holiday weekends, you can read more about the Department of Labor (DOL) Open Forum on Holiday Recruitment.

3. Notice of Filing Must Name the Employer

The Board of Alien Labor Certification Appeals (BALCA) has unequivocally affirmed that the notice of filing must name the employer, regardless of whether employees might tacitly understand who the company is. The notice of filing is the notification that the employer is required to post at its facility informing employees of its intention to file an application for labor certification. The regulations at 20 C.F.R. § 656.10(d)(4) and 656.17(f) clearly stipulate that the notice of filing must include the name of the employer.

In both the case of TERA Technologies, Inc. and of USA Wool, Inc. (August 2014), the employers neglected to include their company names in the filing notices that were posted. Consequently, the Certifying Officer (CO) denied both applications. TERA argued that because the notice was posted on company premises, referred to “our company,” and listed the name of the company contact who was well known to employees, the CO should have made an exception to the regulations based on a common sense reading of the posting. USA Wool reasoned that if a person inquired about the posting, they would be inquiring with the company, which is the only wool processing facility in the area. It also noted that the company name was included in the newspaper advertisements.

Both cases were referred to separate BALCA panels for appeal, both of which upheld the CO’s denials. Both panels cited a previous decision in Robert Venuti Landscaping (October 2010) and determined that “an employer’s failure to include its business name on the notice of filing is fatal to the application.” In response, both employers filed petitions for en banc review. USA Wool contended that the panel’s decision “was simply a rigid enforcement of a government regulation with no consideration for the intent of the rules.” Both employers argued that the decision conflicted with previous decisions such as Stone Tech Fabrication (January 2009), in which the panel asserted that “technical interpretation of the regulations has defeated common sense.”

The en banc panel found that the two cases that rely on Stone Tech to excuse the omission of the employer’s name are “a rare exception” and should not be treated as the rule. According to the Matter of Alexandria Granite & Marble (May 2010), the regulations require an applicant to “strictly adhere to the rigorous regulatory requirements.” This reasoning was even upheld in a district court case when the Department of Labor (DOL) was forced to defend the Board’s denial in the Matter of Country Landscaping & Supply Inc. (January 2013) for the same reason. The district court found no reason to grant the employer a special exemption from the regulations, no matter how minor the employer claimed that error to be. The court considered the employer’s name to be “critical information,” and omitting that information in direct contradiction of what the regulations require, is not the same as making a technical or typographical error.

The en banc panel in the present case pointed out that “the clarity of this requirement…and the ease with which an employer should be able to comply with this requirement belie any suggestion that strict enforcement of this requirement offends fundamental fairness or procedural due process.” In its decision, the Board quoted the district court’s ruling in Country Landscaping, that to offer an exception to the rule would in effect “serve to swallow the rule.” BALCA therefore upheld the CO’s denial of both applications for failure to name the employer in the notice of filing.

It is not only the notice of filing, however, that requires the employer’s name to be listed. The regulations at 20 C.F.R. 656.17(f)(1) also require that advertisements placed in newspapers of general circulation or in professional journals must “name the employer.” As always, USADWEB will review your ad text and inform you if we notice that the employer’s name is missing from the text. Some clients feel that the employer name as part of the job's reply-to email address is sufficient. However, most clients specifically state the name of the employer so as to clearly comply with the regulations.

4. United States Unemployment Rate October 2014

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 continued to decrease from 6.1% in August to 5.9% in September and again to 5.8% in October, according to the Bureau of Labor Statistics.

5. PERM Processing Times as of November 7, 2014

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 June 2014
Audits April 2013
Reconsideration Requests to the CO November 2014
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

My office uses USADWEB for all our print and internet PERM recruitment, including state job orders and AJE listings. Working with USADWEB has been a huge time-saver for us. Shortly after we submit our ad placement request, USADWEB sends us confirmation of placement. Then, tear sheets, with copies, and dated copies of all of the internet recruitment arrive in the mail. I can't imagine preparing a PERM case without the help of USADWEB. Not only do they place all our job orders, print and internet ads, and supply proof of publication with extra copies of the print ad tear sheets, but they catch our typos as well!

(Boston, MA)


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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Finally, if you have any questions or comments regarding anything you read in a NewsBlast, or if you have additional information that you would like to share, please feel free to contact us.

USADVolume VIII, Issue 7 October/November 2014

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ADNEWS Blast is the eNewsletter from USADWEB, LLC, providing updates on immigration ad placement services. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of USADWEB's services. To unsubscribe, please click here.

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