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DOL proposal threatens recruitment advertising in newspapers

The Department of Labor is working on a draft regulation that would “modernize” the permanent labor certification program known as Program Electronic Review Management (PERM), according to an article in John Kelly’s Daily Clips.

Here’s the article: 

The DOL’s permanent labor certification process is an important step that employers must complete in order to sponsor a foreign citizen for permanent residency. 

Many employers view the process of obtaining permanent labor certification as lengthy, complex or burdensome. However, the purpose of the certification process is to protect U.S. jobs and workers. Specifically, the certification program requires that employers test the market to find qualified, available, and willing U.S. citizens for the permanent position that would be made available to the sponsored foreign national. While the DOL proposal will cover many issues in the PERM certification process, we understand that the agency will recommend the elimination of a requirement that employers advertise in Sunday newspapers of general circulation for professional and nonprofessional positions that are being offered to sponsored foreign citizens currently working in the U.S. under temporary H-1B visas. 

The agency is considering replacing this print requirement with an online requirement that would require recruitment ads on widely available online websites. 

If the print requirement is eliminated, this change will cost some newspapers millions of dollars annually, specifically in markets with a high concentration of information technology and science industries. 

The DOL is expected to put out its proposal as a Notice of Proposed Rulemaking in mid-to-late November. Stakeholders will have 30-60 days to file comments with agency on the proposal. 

The News Media Alliance has raised concerns with the Department of Labor on the proposed elimination of the print requirement. Rather than eliminating the requirement for publication in newspaper’s Sunday edition, which continues to reach a huge audience, the DOL should modernize the rule to require the print and digital distribution of recruitment ads so that the widest pool of candidates in a market are given an opportunity to learn about and apply for available positions. 

The newspaper medium is the “one stop shop” for the multi-platform distribution of recruitment advertising that would fulfill the requirements for testing the market under PERM. Through print, their own websites, mobile platforms, social media, partnerships with Monster.com or CareerBuilder, and targeting ads to niche job boards, newspapers reach the broadest possible audience in a market. 

The Alliance will keep the membership informed as the process on this proposed rule moves forward. In the meantime, if you have any questions, contact Paul Boyle at paul@newsmediaalliance.org or 571-366-1150.

 

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