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PERM Ad Placement

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We Help You meet ALL the Department of Labor's recruitment requirements. PERM - H-1 Labor Certification - H-2A Labor Certification - H-2B Labor Certification including SWA requirements.

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Submission in the form of advertising request & payment gives permission to   Myclassifiedads.net (Classified Advertising Plus LLC.) to submit for quote and publish after approval by Clients (you, the Buyer) ads associated with this submission.  As the client, I understand that after approval,  my advertisement will duly be placed in the designated newspaper or advertising  venue  by Myclassifiedads.net for the designated run dates. I also understand that any error occurring due to newspaper error will be reconciled on behalf of client by Myclassifiedads.net  to the best of its ability. While response is not guaranteed, Myclassifiedads.net guarantees 100% proof of placement and will provide all proof of such in a timely manner.
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All quote requests include: Ad placement, hard copy tear sheets and/or E-Sheets, on-line screen shots of the first & last day of online placement (if appropriate), private online file folder where proof of publication will be placed so you may view progress immediately., and USPS priority mailing with tracking number of the completed packet. Please let us know how we can customize your service to facilitate your office. If you have any question please email support@myclassifiedads.net, or call us at 813-333-1063 or 813-920-0197.

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Ask About our PERM Packages

PERM is a streamlined process for obtaining labor certification (LC), the first step of the green card process for those seeking permanent residence through their employment. We offer several of the services needed to fulfill PERM requirements.

Newspaper Employment Classified Ad Placement: We quote, place & track and verify ad placements. You are provided an online storage area so you can see screen shots and advertisements promptly after posting, with a completed packet of hard copies and any other necessary verification being mailed to your office.

Two (2) Sunday print ads must be placed in a newspaper of general circulation in the geographic area of the proposed place of employment between 30 days and 180 days prior to application filing [Employers may substitute one national journal ad for one Sunday newspaper ad where the position requires experience and/or an advanced degree]

PERM PACKAGE: Employers may submit documentation of any 3 of the following types of recruitment activities and Classified Ads Plus, LLC is able to implement several of the additional required recruitment steps.

We Provide These Services:

  1. Job search website
  2. Trade or professional organizations
  3. Private employment firms
  4. Campus placement offices
  5. Local and ethnic newspapers
  6. Radio and television ads

We do not provide these services below:

  1. Job fairs
  2. Employer's website ads
  3. On-campus recruiting
  4. Employee referral program with incentives

Recent BALCA Decision Makes PERM Process Tougher

June 12, 2013

A May 28, 2013 decision, issued by the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) significantly limits options for fixing incorrect information on a PERM labor certification application. In Matter of Sushi Shogun BALCA has limited the use of the far more employer-friendly 2006 decision in Matter of HealthAmerica. These changes and the implications on the PERM labor certification process are explained here for MurthyDotCom readers. The Murthy Law Firm did not provide representation in either HealthAmerica or Matter of Sushi Shogun.

PERM Approved in HealthAmerica Based on Clerical Error

In HealthAmerica, an employer incorrectly listed the date a PERM-related newspaper advertisement ran. The employer had correctly advertised the job opening in the Sunday newspaper, but listed the date on the PERM application as Monday. The employer challenged the denial of the PERM and asked the U.S. Department of Labor (DOL) to consider evidence establishing that this was only a clerical mistake. When the DOL refused to reverse the denial, the employer appealed to BALCA arguing that the denial was unfair considering that the recruitment had been done properly.

In its first decision regarding the PERM program, BALCA agreed with the HealthAmerica employer. BALCA analyzed the PERM regulations and found that documentation submitted by an employer in support of a PERM application constructively includes the recruitment materials, as these must be maintained in audit files under PERM regulations. This allowed BALCA to conclude that evidence of HealthAmerica's correct advertisement was available to be considered by the Certifying Officer (CO) and would fix the incorrect advertisement date listed on the ETA Form 9089. BALCA considered the injustice to the employer of a denial in the complicated PERM application process, in which the impact on the employer far outweighed the severity of its mistake.

BALCA in Sushi Shogun Case Limits HealthAmerica

In Sushi Shogun, BALCA reviewed a denial in which the CO found that the employer had incorrectly listed on the ETA Form 9089 a prevailing wage of $10.04 per hour. This was apparently a clerical error because the employer submitted with the PERM application a DOL issued prevailing wage determination that listed the prevailing wage as $10.14 per hour. Faced with a denial over a difference of $0.10 per hour, the employer requested reconsideration arguing that the problem was a minor typographical error. The employer cited to the decision in HealthAmerica as justifying the approval of the PERM application. The CO refused to reverse the denial, noting that the PERM regulations require that an employer file an application that is complete and accurate.

The employer appealed to BALCA, arguing that no potential job applicant would have known about the lower wage because the notice of filing listed the correct wage and the other recruitment did not list any wage information. The employer further argued that the penalty of having to go through the PERM process anew greatly outweighed any problem caused by the typographical error in the PERM application.

BALCA agreed that no potential job applicant would have known about the lower wage and no one would have been discouraged from applying for the advertised position. BALCA also agreed that the two entries of $10.04 in the PERM application were typographical errors. While BALCA normally would have followed HealthAmerica and reversed the denial under these facts, the Board found that HealthAmerica (decided in 2006) has been overruled by the DOL's promulgation of a revised regulation in 2007, discussed below.

Corrections No Longer Permitted on ETA Form 9089

The DOL regulation at 20 CFR § 656.11(b) forbids any correction to a PERM application after July 16, 2007. After that date, no requests for modification of an ETA Form 9089 can be accepted or acted upon by the DOL.

PERM has always been a complicated and largely unforgiving process. Since the DOL promulgated 20 CFR § 656.11(b) and BALCA's decision in Sushi Shogun, even minor defects in a PERM application may undo months of work and thousands of dollars invested. A detailed discussion of planning for the PERM process was included in MurthyDotCom article, PERM Labor Certification Process and Timing, Part 1 and Part 2. There simply is no room for error in PERM cases. Hence the importance of being accurate and verifying all the information before filing the PERM becomes critically important.

Conclusion

Now, more than ever, employers must be extremely careful in preparing and submitting PERM applications as part of their sponsorship of their valued employees for lawful permanent residence. MCA will continue to monitor changes to the PERM labor certification process, and decisions by BALCA that affect the PERM process, to update our readers.

 

Advertising Solutions: MCA helps you find the answers you need for cost effective advertising for your campaign. We provide agencies and brands with premium media buying services and reduce costs to increase the impact of your campaign.

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