The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the U.S. Department of Labor (DOL), U.S. employers must conduct a cumbersome recruitment process to first attempt to hire a U.S. worker. Demonstrating that the recruitment process was correctly undertaken and failed to yield an able, willing and qualified U.S. worker is a required part of the PERM application. The regulations contain specific requirements for recruitment documentation that must be retained by the employer and submitted in response to a potential audit by DOL. One such document is a recruitment report signed by the employer or the employer’s representative.
On May 14, 2015, the Board of Alien Labor Certification Appeals (BALCA), which is responsible for reviewing PERM denials, issued a decision in Matter of NYC Department of Education, upholding a PERM denial for failure to submit a signed recruitment report in response to an audit by DOL. In Matter of NYC Department of Education, the employer filed three PERM applications. DOL subsequently sent the employer an Audit Notification Letter requesting, among other items, the employer’s signed recruitment report. After receiving the employer’s response, DOL denied the case, in part because the recruitment report was not signed. The employer appealed the denial to BALCA.
Learn more about this denial and what this means for corporations on our Immigration Blog.