PERM Non-Teaching Guidelines
The recruitment process under the new Program Electronic Review System (PERM) has changed significantly from the prior recruitment process when filing standard or Reduction in Recruitment Labor Certification Applications with the Department of Labor. The University must comply with significant pre-filing requirements BEFORE filing the Form 9089 with DOL.
PART I: Information Required from the Department
The Office of International Students & Scholars (OISS) will submit applications for Labor Certification upon receipt of the following documentation:
1. Permanent Residence
Request
Form
2. A
Prevailing Wage
Determination must be requested and received from the State Workforce Agency (SWA). The wage calculation has change so that there are now four levels of compensation and the employer is obligated to pay 100% of the previously wage rate, not 95% as was previously the standard.
3. Job order placed with the SWA for 30 days
4
Job Notice
5. Two print advertisements must be placed in TWO different Sunday editions of a newspaper with general circulation in the area of intended employment OR, optional journal advertisement, in lieu of the 2nd Sunday ad for positions requiring experience and an advanced degree. Please note that the print ad should spell out the job requirements/qualifications without the reader needing to access a website.
6. The advertisement must contain the following information:
p. Name of Employer
* Contact information where to direct applicants to send resumes (P.O. Box is acceptable)
* Provide a description of the vacancy specific enough to apprise the US workers of the job opportunity for which certification is sought (the advertisement does not need to include rate of pay)
* Geographic area of intended employment
The minimum requirements contained in the ad must be consistent with the requirements listed on Form 9089
7. Important:The recruitment must be conducted for at least 30 days, but no more than 180 days, before the application is filed
8. THREE additional recruitment steps must be taken for professional positions requiring experience and a Bachelor degree or higher. The ten alternative steps from which an employer may choose are:
* Job fairs
* Employer’s website
* Job search website (such as Monster.com of HotJobs.com)
* On-campus recruitment
* Trade or professional organizations
* Private employment firms
* Employee referral program
* Campus placement offices
* Local and ethnic newspapers; and
* Radio and television advertisements
9. Note:Only one of the above alternative forms of recruitment may take place within 30 days of filing of the labor certification application with the DOL. In selecting the three additional steps, the following aspect should be kept in mind:
10. Important: In selecting the three additional, special attention must be paid to the following aspects:
* The three additional steps must be different. That means, steps cannot be duplicated, nor can one step be used to satisfy two requirements (except in the case of copies of web pages generated in conjunction with a newspaper print ad). Example: two advertisements in a local newspaper or two postings on a website cannot be counted as two steps.
* a professional journal cannot be used in lieu of a second Sunday newspaper ad and then count it again as an additional ” trade or professional organizations “? recruitment step.
* the required job order cannot be used as an additional website other than the employer’s.
11. A
recruitment summary letter
must be prepared detailing the recruitment steps taken and the results, the number of hires, and the number of U.S. Workers rejected categorized by the lawful job related reasons for rejection.
Note: The recruitment summary must be accompanied by a Search and Selection Activities Report (SSAR) signed by the WVU Executive Officer for Social Justice.
Important: Under PERM rules, If a U.S. worker lacks a skill that can be acquired with a
” reasonable ” amount of training, the lack of that skill will not disqualify that worker.
NOTE: The department should submit both original and electronic versions of the documentation listed under 2, 4 and 11.
PART I: Information Required from the Applicant
1.
Alien Information Sheet
( template link)
2. Copies of Diplomas and Certificates (highest degree conferred) including transcripts. Physicians must provide copies of USMLE certificates, residency/internship/fellowship certificates and WV state license. For foreign degrees, evidence verifying equivalence to a U.S degree must be presented.
3. CV including date/month/year for each employment period.
4. Addendum to CV to include: name and address of previous employers including name of supervisor, phone number and weekly work hours.
5. Copies of current visa documents.
6. Copy of the Offer Letter confirming his or her appointment as a (name of position) following the recruitment and providing other information typical for appointment letters.
NOTE: The applicant should submit both original and electronic versions of the documentation listed under items 3 and 4.
PART III. Final Petition Preparation
The final application will be prepared signed and submitted electronically to the U.S. Department of Labor by the OISS.
Please contact the Office of International Students and Scholars (OISS) with any questions you may have.