Talk about U.S. Immigration

Stricter review of PERM recruitment process

November 13, 2008 on 8:31 pm | In Policy | No Comments

Department of Labor (DOL) announces its decision to use stricter scrutiny in certain PERM cases. In the light of the economic downturn DOL is focusing its attention on some industries that have been adversely affected including those facing the resultant “domino effect” especially the ones with roving employees. The department says that it would subject the companies to extra scrutiny that file for permanent labor certification of foreign workers but lay off other employees.

Although, the relevant rules had been in existence for long time, the present cautionary note from the Department indicates a seeming change in its existing practice. Consequently, the PERM recruitment process to hire U.S. workers would require the employers to show a strong good faith effort to comply with the requirements.

It is possible that in case of industrywide lay off the PERM recruitment would be affected by the industry wide availability of U.S. workers. This just means that the recruitment process would be more cautiously monitored or may even be subjected to supervised recruitment.

Perhaps, this is also a call for more frequent audits.