Standard Recruitment

Recruitment and Selection Procedures

To Meet the Requirements of the Permanent Labor Certification (PERM) Process

There are many pathways to permanent residency (sometimes referred to as “a green card”) for a non-immigrant in the United States.  Labor Certification is the first step in one of the employment pathways to permanent residency.  

In order to qualify for Labor Certification, the job must be:

  • Located in the United States
  • Permanent – the University must intend to employ the applicant for the foreseeable future.  The position cannot have a specified end date and cannot be seasonal or intermittent
  • Full-time
  • A bona fide job opportunity
  • Offer prevailing wages and working conditions

 University of Arkansas departments who are sponsoring an employee for Labor Certification should be aware that the U.S. Department of Labor’s review process can be very stringent.  Even carefully-structured labor certification applications may be rejected by the Department of Labor based on a variety of technical or substantive grounds.

Why recruit? 

When the University of Arkansas petitions for U.S. permanent residency for a non-immigrant University employee, the department must recruit for applicants in specific and Department of Labor approved ways.  With respect to non-teaching  positions, in order for the non-immigrant to qualify for permanent labor certification, the University must establish that there are no U.S. workers who meet the University’s minimum qualifications and who are available for the position.  The recruitment process is done to gather applications of those candidates who are willing to work at the University of Arkansas and who meet the minimum qualifications for the job. 

How does the recruitment process affect the non-immigrant employee? 

Even though a qualified U.S. worker applies in response to one of the advertisements, the department still has the ability to choose which candidate to hire based on the strength of qualifications. If the department wants to continue the employment of the non-immigrant, because that person is the best qualified for the position, that is the department’s choice. However, if a U.S. worker who meets the minimum qualifications applies, the application for Labor Certification cannot go forward at that time.  The department can recruit for the position at a later time, but for the time being, the permanent labor certification process is stopped.

Can I make the job requirements fit the current employee’s qualifications? 

The recruitment process cannot be manipulated by making the advertisement fit the exact qualifications of the non-immigrant University employee.  Nor can the non-immigrant employee qualify for the position with experience gained while employed in the current position at the University.  Instead, the job requirements must be based on the legitimate, job-related, minimum qualifications for the position, including:

  • Minimum education
  • Minimum training
  • Minimum experience
  • Other special requirements such as Knowledge, Skills and Abilities (SKAs).

 The ad used to recruit may be brief, but there are some required elements.  We will work together to create the content of the ads placed in connection with an application for labor certification under PERM.

How do we determine the prevailing wage? 

Before placing the required advertisements, the University must obtain a prevailing wage rate for the position from the U.S. Department of Labor.   

  • The department should identify and update the position in Worday in which the employee will be seated when permanent residence is approved
  • The University of Arkansas will then file the Prevailing Wage Request form with the U.S. Department of Labor using the information found in Workday.
  • Once the Prevailing Wage has been determined, the position will move forward with the recruitment process.  If the applicant’s salary is less than 100% of the prevailing wage, the department must guarantee to raise the employee's wages to the prevailing wage level at the time of the adjustment of status to permanent resident, or the PERM process cannot continue.

What advertising must the department do? 

  • Post a notice in several locations in the department where the applicant works for at least two weeks.  The Office of the Associate General Counsel will provide a copy of the required posting.  The department will have to certify the dates when the notice was posted, where it was posted and that it remained unobstructed throughout the posting period.  Please post in at least 2 locations.  One posting is normally where you have other wage and hour postings from HR.
  • List the position on the University’s Website.  The Office of the Associate General Counsel's office will need a copy of the website on which the position is announced.
  • Place (and pay for) an advertisement for two consecutive Sundays in a newspaper with general circulation in the area of intended employment.  Currently, the newspaper which fit this description is The Arkansas Democrat-Gazette.  The address is:

    • The department does not need to use a display ad and should request the least expensive format available.  Be certain to save original pages from the newspaper for each of the two Sundays with your ad circled.  You can ask the newspapers for tear-sheets.

  • The department must also engage in one separate additional recruitment step out of a list of eight options permitted by U.S. Department of Labor regulations.  While all of the following options are listed under the regulations, DOL may not accept certain methods considering the nature of the position to be filled.  Please let ISS know before you place any ads so ISS can review whether your choice will likely be acceptable to DOL. 

The other choices, from which you must select one, are as follows

  • Trade or professional organizations:  You can recruit by placing an ad in an appropriate newsletter or journal for the applicant’s occupation.  Save an original page from the publication containing the ad.  This is the most appropriate  method of advertising for professional positions.
  • Job fairs:  If the University participates in a job fair, the position can be advertised at the fair.  Documentation can be brochures advertising the fair and listing the University as a participant or newspaper ads listing the University as a participant.  Check with Human Resources to see if a recruitment fair is upcoming. 
  • On-campus recruiting: If the department where the applicant is employed goes to other campuses to recruit and conduct interviews, the position can be listed at that time.  Document that you have recruited at another campus by providing a copy of the posting of that campus placement office noting the University as a recruiter and the date you conducted interviews.
  • Campus placement offices: You may list the position with Career Development.  If you do so, you must document that you have done so by providing fliers, posters, or other materials about the position distributed by Career Development. 
  • Local and ethnic newspapers:  The JobGuide may be the least expensive local choice for the third ad.
    • If you use this source, save an original page from the publication containing your ad.
  • Private employment firms
  • Employee referral program with incentives
  • The last of the eight choices is radio and TV advertisements.  These are usually prohibitively expensive

In all cases, the text of the ad that we work on together should be used for the ads.

The Office of the Associate General Counsel will make screen shots to verify ads have been placed in the following places for at least 30 days:     

  1. University website
  2. HigherEdJobs.com
  3. Arkansas Department of Workforce Services

What must the department do after the ads are placed?

Timely acknowledgement and consideration of all qualified applicants is a vital part of the process.  You should immediately acknowledge by email the receipt of each application.

Within two weeks of the receipt of an application, review the resume and make a determination if the applicant meets the required qualifications.  Assess each applicant’s qualifications objectively, in light of the minimum job qualifications advertised for the position.  Objectively assess each applicant’s availability for the position.  Reject U.S. workers only for legitimate, job-related reasons, such as (but not limited to):

Not having the required minimum education, training, or experience;

Factors that may adversely affect the applicant’s ability to do the job (e.g., poor work references, lack of English proficiency (if necessary));Race, religion, national origin, gender, disability, etc. cannot be used as legitimate factors to disqualify applicants. 

 

Make follow-up contact, as soon as possible, with all applicants who, on the basis of their application, appear to meet the minimum qualifications advertised for the position, to notify them that they are under consideration. 

If you are uncertain whether an applicant meets minimum qualifications, it is prudent to conduct a phone interview to determine qualifications.  Document each attempt to call. 

If you cannot reach the applicant by telephone or e-mail, send a letter via certified mail requesting that the applicant contact you to arrange a phone interview. 

A qualified U.S. worker who withdraws from consideration due to lack of timely follow-up by the University may jeopardize the labor certification process, so it is important to schedule the recruitment process at a time when key individuals in the hiring process will be available to take all necessary actions on a prompt basis. 

In addition, note that communications which may be interpreted to signal a lack of bona fide interest by the University or as intended to discourage a qualified candidate may jeopardize the labor certification process.  ISS is available to provide sample language to use in communications with applicants, including with respect to eligibility to work in the U.S. 

The Office of the Associate General Counsel will prepare a recruitment report for the Department Head to sign, describing, in detail, the recruitment steps taken and the results, including the legitimate, job-related reason for rejecting each U.S. worker who applies but is not selected. 

Sign the report and send it to the Office of the Associate General Counsel, along with all resumes or applications you received, correspondence with applicants, the job posting from the department, and evidence of the ads placed by the department.

The recruitment report and all records (such as e-mail communications with applicants) will become part of the documentation included in the applicant’s file.  The file will be available to U.S. Department of Labor officials if the labor certification application is audited, and will be retained in the the Office of the Associate General Counsel for a minimum of five years.  Note that audits of labor certification requests are common and so careful documentation of all steps in the recruitment process is essential.

What documentation must the employee provide for the Labor Certification process?

  • Copy of the ID page of a valid passport
  • Copy of the most recent I-94 to show the last status admitted to the U.S.
  • Copy of the transcript/diploma of the degree used to obtain the position
  • Updated resume that includes the current employment at the University of Arkansas