The PERM process allows U.S. employers to sponsor foreign nationals for green cards. As part of this process, the U.S. employer must test the U.S. labor market to see if there are any willing, qualified and available U.S. workers for the role. An essential part of the labor market test is making sure the job advertisement complies with the PERM requirements. A PERM job advertisement is only permitted to include the minimum requirements to do the job in a reasonable manner. Most employers write job advertisements to include the requirements for an ideal candidate, meaning they often have to work with legal counsel to rewrite the PERM job description.
Below are some essential tips for employers to consider when drafting a job description for a PERM:
Essential Tips for PERM Job Descriptions
Here are some general guidelines to help you get started:
1. Job Title
Begin with a clear job title that accurately reflects the nature of the position.
2. Job Duties
Provide a list of the primary duties and responsibilities of the position, along with any secondary duties that may be required. Make sure the duties accurately reflect the position. Remember that that the PERM job description is for the position the employee will hold in the future when they receive the green card. It may take over a year (or sometimes several years) before the employee actually has their green card, so it is important for the employer to consider what job the employee will hold at that time. For example, if the plan is for the employee to be promoted in the near future, the PERM job description should reflect the duties and requirements for the position the employee will hold after the promotion.
3. Educational and Experience Requirements
List the minimum educational and experience requirements for the position. Be specific about the degree or certification required, the number of years of experience needed, and any relevant skills or knowledge.
4. Required Skills and Abilities
Identify the required quantifiable objective skills and abilities for the job. These should be specific and relevant to the job duties listed in the description. Objective skills include prior knowledge and skills previously gained from past employers. These objective skills include technology, software, database, technical, laws and methodologies that are the absolute minimum requirements for the position.
5. Work Conditions
Describe any physical or environmental factors that may impact the performance of the job, such as standing for extended periods, exposure to noise, heat, cold, etc.
6. Travel Requirements
Specify any travel requirements associated with the PERM position, including the frequency, percentage, and duration of travel.
Provide the salary range for the position. The employer must pay at least the minimum salary based on the prevailing wage determination from the Department of Labor.
8. Other Requirements
List any additional requirements for the position, such as licensing or certifications required by law. For example, if the actual minimum requirements for Tax accountant is a CPA license then this license needs to be included in the minimum requirements.
The job description must accurately reflect the duties and minimum requirements for the position. It is also important to ensure that the job description is not written in a way that would unduly limit the number of qualified applicants. Given the importance of the job description to the overall PERM process, it is highly recommended to consult with an experienced immigration attorney for guidance on how to draft a PERM-compliant job description.
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