Volume IX, Issue 3 June 2015

In This Issue
1. USADWEB Attends 2015 AILA Annual Conference This Week!
2. Weekend Edition Satisfies Sunday Requirement
3. USADWEB Continues to Lead the Way in SWA Job Orders
4. United States Unemployment Rate Remains Under 6%
5. PERM Processing Times as of June 1, 2015


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


1. USADWEB Attends 2015 AILA Annual Conference This Week!

USADWEB looks forward to greeting current and prospective clients in our neck of the woods this week when the AILA Conference comes to National Harbor, MD, June 17-20! 

As always, our service will save you time and money. We offer free media search and provide a comprehensive quote for your ad campaign at no charge. USADWEB has been in business for over a decade, so you can trust that we have the cutting-edge knowledge and experience to meet all of your needs within your clients’ critical time constraints. We have been placing SWA job orders since the PERM process was initiated and continue to provide this valuable service.

Stop by BOOTH 310 to enter our raffle to WIN an Apple Watch and to play the Immigration Trivia Quest for your chance to win fun AILA giveaways!


2. Weekend Edition Satisfies Sunday Requirement

When filing an application for labor certification, the Department of Labor (DOL) regulations at 20 C.F.R. § 656.17(e)(1)(i)(B)(1) require an employer to advertise the position in two Sunday editions of a newspaper of general circulation in the area where the job is located. In the Matter of Earthbound Farm (May 2014), the employer advertised in the Salinas Californian for the position of an SQL Database Administrator. The position was located in San Juan Batista, California.

The Certifying Officer (CO) denied the case because the Salinas Californian is not circulated on Sundays. The Salinas Californian publishes a “weekend edition,” which publishes on Saturday. The CO stated that there are other newspapers in the area that do have Sunday circulation that the employer could have chosen, although the CO did not identify what those papers were. The employer challenged the denial, arguing that San Juan Batista borders the city of Salinas and that the Salinas Californian is the most commonly-read newspaper by residents in the area of the intended job location. The employer provided documentation of the paper’s distribution zones in support of this claim.

Furthermore, the employer asserted that the regulations require only that an employer publish on two different Sunday dates, but do not specify that the employer must publish exclusively on Sundays. Because the weekend edition of the Salinas Californian is considered to cover both Saturday and Sunday run dates, the ads must be considered as meeting the criteria to publish in a Sunday edition. As further proof of this argument, the employer provided the tearsheets, which state the edition dates as running Saturday to Sunday. The front page of one of the tearsheets identifies the edition as “Saturday, February 28 -  Sunday, March 1, 2009,” clearly covering both dates.

The employer also provided correspondence from the Main Street Media Group, which publishes the Salinas Californian, confirming that none of the group’s publications in that area publish a separate Sunday edition. As a secondary argument, the employer contended that if the weekend edition does not satisfy the Sunday requirement, it must be acceptable as the newspaper of widest circulation under the exception for rural areas of employment [20 C.F.R. § 656.17(e)(1)(i)(B)(2)].

The case was forwarded to the Board of Alien Labor Certification Appeals (BALCA) for review. BALCA concurred that the regulations do not explicitly state that a Sunday edition must be “printed and distributed on Sunday.” The Board noted that nothing in the regulations nor in the FAQs address this and that there is only limited case law on the matter. In Virginia General Services (April 2007), BALCA denied an employer’s argument that publishing in a Friday edition of a newspaper satisfies the Sunday requirement, even if the paper remains on newsstands throughout the weekend. But in this case, the question involves a paper that specifically publishes a weekend edition, not merely a weekday edition available throughout the weekend.

For additional clarification, the panel reviewed the PERM regulatory history. The introduction of the PERM regulations changed the advertising requirements from any three consecutive days to two Sunday editions. The Employment and Training Administration (ETA) affirmed the effectiveness of newspaper advertisements for recruitment purposes and highlighted their appropriateness for all job categories. According to the ETA (69 Federal Register at 77344):

"A review of the classifieds, especially Sunday editions, shows that newspaper advertisements are still customary for both high-tech and non-high-tech jobs….The requirement that print advertisements appear in the Sunday edition of a newspaper of general circulation most appropriate for the occupation and the workers likely to apply for the job ensures the advertisement will reach the widest possible pool of potentially qualified applicants.”
The ETA went on to recognize that in rural areas where no Sunday edition exists, the employer may use the edition with the widest circulation in the area.

Taking this regulatory history into account, the Board determined that the purpose of running advertisements in a Sunday edition was to reach the “widest possible pool of potentially qualified applicants.” Therefore, because the Salinas Californian is the major paper of general circulation serving the area, and likely job applicants in the area would rely on the weekend classifieds section when searching for jobs, the Board decided that the Saturday-Sunday edition is “functionally the equivalent of a Sunday-only newspaper edition.” The Board did not address the issue of whether San Juan Batista was considered a rural area because they decided the matter on the basis of the employer's primary argument. BALCA reversed the denial and granted the labor certification.


3. USADWEB Continues to Lead the Way in SWA Job Orders

Did you know?

USADWEB has been placing SWA job orders since the PERM process was initiated! Our experienced staff can register and post your job order with State Workforce Agencies nationwide, including Puerto Rico. First and last day prints are always provided for your records. USADWEB takes pride in bringing you this valuable service because we know the process of registering and posting job orders can be tedious and time-consuming. Your job orders are posted with the utmost attention to detail and initial proofs are provided for your final review.

Ask your advertising specialist about posting your next SWA job order!

4. United States Unemployment Rate Remains Under 6%

As the United States unemployment rate continues to decline below 6%, USADWEB will be discontinuing monthly updates. If the unemployment rate changes to the point that it significantly impacts labor certification cases again, we will resume this monthly feature. Previous unemployment rate charts can still be found in our NewsBlast archives on our website.

5. PERM Processing Times as of June 1, 2015

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 November 2014
Audits December 2013
Reconsideration Requests to the CO April 2015
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 staff and I have been using your company exclusively for our PERM advertising needs. Your staff has always been diligent, responsive, and very professional. I had a SWA job order that needed to be placed in New York on an expedited basis and USADWEB got the job done. The most effective service that your company provides is the placement of the SWA job order because that is the most tedious part of the PERM process. In addition, it is very helpful to our clients to receive a price quote for the ad before it is placed. Keep up the good work!

(Hackensack, NJ)


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 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 IX, Issue 3 June 2015


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