A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Thursday, May 29, 2014

PERM Ads: Daily edition of Sunday newspaper can be used for local newspaper advertising

The labor certification appellate board has ruled that employers may use the daily edition of a Sunday newspaper for local newspaper advertising for PERM recruiting purposes.  Matter of Delta Search Labs, Inc., 2011-PER-02871.  This decision, dated April 24, 2014, resolved a dilemma that many employers face when conducting PERM labor application advertising.

The PERM regulation specifies that employer may put ads in local or ethnic newspapers as one of the three additional recruiting steps required for professional occupations.  The regulation provides no guidance as to what local or ethnic newspapers are suitable for PERM advertising except  "to the extent they are appropriate for the job opportunity." The DOL has challenged the use of certain local and ethnic newspapers as being inappropriate for PERM recruiting and even denied labor applications on that basis.

Some employers and attorneys decided to place additional ads in the same newspaper that had already been used for Sunday advertising.  The rationale is that if a newspaper is appropriate for Sunday advertising, it should also be suitable for local advertising.  However, this practice was also challenged by the DOL as being repetitive - that the use of the same newspaper for local advertising is not "an additional" recruiting step.

In Matter of Delta Search Labs, BALCA held that the employer may use the daily edition of The Boston Globe for local newspaper advertising, in addition to the Sunday ads that have already been placed there. The Board distinguished the daily and Sunday editions of the newspaper based on circulation and target audiences.  The PERM regulation added local and ethnic newspaper as an additional recruiting step in the Final Rule without further explanation. The Board held that the use of the same newspaper did not go against the intent of the PERM regulation.

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