In order to file a PERM application, the employer must test the U.S. labor market through various recruitment methods for able, willing, qualified, and available U.S. workers. If no such U.S. worker is found through good faith recruitment, the employer can file a PERM application on behalf of the beneficiary.
One of the mandatory recruitment steps is placing an advertisement on two different Sundays in the newspaper of general circulation in the area of intended employment most appropriate to the occupation and most likely to bring responses from able, willing, qualified, and available U.S. workers. 20 CFR 656.17(e)(1)(i)(B)(1).
However, not all areas have a newspaper with a Sunday edition. This is especially true in some rural areas. The regulations state, if the job opportunity is located in a rural area of intended employment that does not have a newspaper with a Sunday edition, the employer may use the edition with the widest circulation in the area of intended employment. 20 CFR 656.17(e)(1)(i)(B)(2).
The DOL at the 2022 AILA Annual Conference addressed how employers should complete the mandatory Sunday newspaper advertisements when there is no Sunday newspaper of general circulation in the area of intended employment. For example, there are currently no Sunday newspapers in North Dakota as the state only has weekend editions released on Saturdays. The DOL indicated that employers should still use the weekend edition of the newspaper. However, when completing Section I.c.8 on the PERM application, the employer should indicate “No,” there is no Sunday edition of the newspaper in the area of intended employment. Then after including the name of the newspaper in Section I.c.9, the employer should indicate “Weekend Edition – No Sunday edition available.”
In sum, the PERM recruitment process can be a challenging process as it has strict requirements which must be followed closely. A challenge some employers face is completing the mandatory Sunday newspaper advertisements when there is no Sunday newspaper in the area of intended employment. As discussed above, in rural areas where there is no newspaper with a Sunday edition, the employer may use the edition with the widest circulation in the area. Employers who must resort to a non-Sunday edition should indicate it appropriately on the relevant sections of the PERM application.
Because the PERM process can be tricky to navigate, it is always best to contact a qualified immigration attorney to help come up with the proper solution for each individual case.
By: Camille Joson
Camille Joson is a Senior Associate Attorney in the firm’s PERM Labor Certification Department, where she assists clients in the beginning stages of the green card process.
Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.