Most employers seeking to petition for a green card (permanent resident status) for an employee must first obtain an approved Labor Certification (PERM) from the US Department of Labor (DOL). Before approving the Labor Certification, the DOL verifies that 1) there are insufficient available, qualified and willing US workers to fill the position being offered at the prevailing wage, and 2) hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.
DOL regulations mandate several recruitment steps to demonstrate that the employer is unable to find qualified US workers. The recruitment must be completed prior to filing the Labor Certification Application.
The employer must (1) obtain a prevailing wage determination which must be valid for at least 90 days and cannot exceed 1 year; (2) place of a job order with the State Job Bank which must remain in place for 30 days; (3) provide a notice to a bargaining representative, if any, or in the alternative, to the employees- posted for 10 consecutive business days; (4) place various advertisement specific as to content and placement; and (5) the prepare a recruitment report summarizing all recruitment efforts and results.