Supervised Recruitment is a more intensive and closely monitored recruitment process than the standard recruitment process used in the PERM labor certification program. It is typically triggered when the U.S. Department of Labor (DOL) has concerns about the employer’s recruitment efforts or suspects that the employer’s recruitment process may not meet the regulatory requirements.
The process begins when the DOL, during the initial review of the employer’s PERM application, determines that there are potential issues with the employer’s recruitment efforts. These issues could include insufficient recruitment advertising, failure to properly contact and/or interview U.S. applicants, not properly documenting recruitment efforts, or other concerns.
If Supervised Recruitment is initiated, the DOL will issue a notification to the employer. This notice will outline the specific reasons for the initiation of Supervised Recruitment and provide instructions on how to proceed. The employer will be required to work closely with the DOL to develop a supervised recruitment plan that meets the DOL’s standards. This plan will include detailed steps and timelines.
During Supervised Recruitment, the DOL takes an active role in overseeing the employer’s recruitment efforts. This can involve reviewing job advertisements, monitoring the employer’s interactions with potential U.S. workers, and ensuring that the employer fulfils all recruitment regulations.
Employers must carefully document all recruitment efforts, including records of job postings, responses from U.S. applicants, interviews, and other relevant communication. These records are subject to review by the DOL.
Once the Supervised Recruitment process is complete, the DOL will review all documentation and the employer’s compliance with the supervised recruitment plan. If the DOL is satisfied that the employer has made a genuine effort to recruit U.S. workers and has met all regulatory requirements, the labor certification application may be approved. However, if the DOL is not satisfied, the application may be denied.
In comparison, Supervised Recruitment is a more time-consuming and resource-intensive process than the standard PERM recruitment process.