Hi Rajiv
This is a very specific PERM ad related question.Although i have no control/knowledge over my recruitment and PERM process i am just curious to know stuff . Now to the question :
This is what I picked up from the DOL official website FAQ.
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Does the advertisement have to contain the so-called Kellogg language where the application requires it to be used on the application?
Where the Kellogg language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity. However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program. Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.
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Question :
While it clearly says the Kellog/Magic language is not required in the advertisements during the PERM stage,I have seen few denials stating the Alternate requirements were not mentioned in the ads.Could you tell us if the Education requirements/Experience requirements have to be mentioned in the ads (I know it has to be mentioned in the PERM) .
And This is a related FAQ:
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If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?
Yes, if an employer wishes to include additional information about the job opportunity, such as the minimum education and experience requirements or specific job duties, the employer may do so, provided these requirements also appear on the ETA Form 9089.
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From my understanding i believe the Ads shouldnt be more restrictive than the PERM ,but vice versa is ok. That is the ad can be very generic (not metion education /years of experience) , and the PERM can have specific requirement. IS my understanding right?
Seems logical since they dont want to shrink the pool of US workers who may be eligible for the JOB. Is my understanding correct? Could you explain this with an example?
Thanks