Volume IX, Issue 6 December 2015

In This Issue
1. USADWEB Celebrates 10 Year Anniversaries for Staff
2. "Vague" Salary on Job Orders Can Lead to Denial
3. United States Unemployment Rate November 2015
4. PERM Processing Times as of December 7, 2015

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

1. USADWEB Celebrates 10 Year Anniversaries for Staff

As 2015 comes to a close, USADWEB wants to acknowledge Russell Rosen and HanaLyn Colvin, who each celebrated their ten-year anniversaries with the company this year. Russell marked his decade-long tenure in June at the AILA Conference and received personal congratulations from many of our long-time clients. HanaLyn celebrated ten years with the company this month.

At USADWEB, we pride ourselves on providing the best service to our clients, and with experienced employees like Russell and HanaLyn, you can trust that your labor certification cases are in good hands.

Congratulations, Russell and HanaLyn!

2. "Vague" Salary on Job Orders Can Lead to Denial

There has been a recent increase in denials of PERM applications in cases where the recruitment advertisements display a salary as “Competitive,” “Depends on Experience (DOE),” “Negotiable,” or “Other.” The Department of Labor (DOL) is denying applications that use this or similar language to describe the salary, in spite of the fact that the regulations do not require employers to list a salary in their advertisements. The Preamble to the regulations notes, however, that if an employer chooses to include a salary, “the wage rate must be equal to the prevailing wage rate or higher” (69 Federal Register at 77348).

In its denials, the DOL has taken the position that such terms as “Competitive,” “Depends on Experience (DOE),” “Negotiable,” or “Other” are indeed expressions of salary and that they are so vague as to be misleading to job seekers, resulting in an insufficient test of the labor market. The DOL argues that if a salary is expressed at all in an advertisement, it must provide sufficient detail about the wage offered.

This interpretation creates some concern about State Workforce Agencies and other job posting sites that require employers to list salary information, but allow them to choose generalized descriptions from a dropdown menu in lieu of displaying the specific wage. The Pennsylvania Workforce, for instance, requires salary to be submitted on the posting, but allows employers to show only “Competitive Salary” to job seekers.

During the last DOL stakeholder meeting in October, the American Immigration Lawyers Association (AILA) asked for consideration on this issue in light of these restrictions employers face from posting sites. The DOL agreed to review the issue and possibly issue an FAQ on the matter in the future, but would not concede to suspend the denial of PERM applications on this point.

AILA is asking for members to submit reports of any denials as a result of this issue through the Call for Examples on their website.

USADWEB will advise you when a job order site requires salary to be listed. When an employer does not wish to display a specific wage on the posting, we often have the option of selecting “Not Applicable” or “Will Discuss With Applicant.” Please advise your advertising representative if you have a specific preference for displaying salary.

3. United States Unemployment Rate November 2015

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 remained at 5% in November.

4. PERM Processing Times as of December 7, 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 June 2015
Audits October 2014
Reconsideration Requests to the CO August 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 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 over 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!

As always, USADWEB welcomes your feedback.

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USADVolume IX, Issue 6 December 2015

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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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