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How does PERM Recruitment differ from normal recruitment?

By September 21, 2023PERM
recruitment process

The PERM process is the process by which U.S. employers can sponsor foreign nationals for green cards based on employment in the U.S. As part of the PERM process, the U.S. employer must test the U.S. labor market to determine if there are any willing, qualified and available U.S. workers for the position.

Our clients often want to know how the PERM recruitment process differs from a normal recruitment process. Below we have outlined some key differences:

Normal Recruitment PERM Recruitment
The employer looks for the best candidate for the role and may eliminate a candidate for subjective factors, such as being late to the interview or having a typo on their resume. The employer can only eliminate a willing and available U.S. candidate if they do not meet the minimum requirements to perform the job in a reasonable manner and it would be infeasible to train them in areas where they do not meet the requirements.
The employer can post advertisements anywhere they choose and can stop the process at any time. There are regulations that mandate where the advertisements must be placed, what information must be included in the advertisements and how long they must remain posted. The recruitment process must last at least 60 days (and possibly longer, depending on the timing of placing the ads).
The employer can choose not to review resumes and does not need to respond to applicants in any particular time frame. The employer must review each resume and should respond to each applicant within 1-2 weeks to show they are conducting recruitment in good faith.
The employer can discard resumes of any applicants that are not selected for the role. The employer must retain the resumes for each U.S. applicant as part of an audit file, which documents the recruitment steps and explains why each applicant was not willing, qualified or available.

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