Is it necessary to interview all candidates matching the PERM Advt?

shibujoys

Registered Users (C)
In response to a PERM advt if we get too many resumes matching the job requirements.. Is it necessary for the company to interview the candidates?. Can the company say that we are not hiring now.. and advertise again after some time has elapsed.

My company is concerned that if we get too many resumes and even if 1 candidate fits the profile and they will have to hire that person. My job is gone...

Is there a real concern here?
 
interestingly, you will seldom get many resumes. If at all you get a few, it is prudent for the company to filter out the ones that do not fit the minimum requirements. But it must interview the rest. They don't have to hire, fi they do not like the candidate. They just have to document the reason for rejecting the candidates
 
However, the reason for which they can reject candidates must be a legitimate reason , i.e. the candidate does not meet one of the min. job requirements. Otherwise, they have to hire him/her
 
As per PERM regulations, one cannot reject a candidate if the candidate HAS the min. job requirements (education, traning or experience) and does not possess certain skills that are required for the job (E.g: Specific software skills that are needed). DOL believes candidates can learn the specific skills required through a "reasonable" period of on-the-job training.

Here is an example given by DOL:

One cannot reject a worker for not having Microsoft Word skills. MS Word can be learnt by a worker through a "reasonsable" period of on-the-the job training. DOL does not explicitly define the word "reasonable". It is assumed by most lawyers as a few days to a few weeks. A conservative interpretation of the law may say that it is a few months of on-the-job training.
 
Thanks for the responses..

If the company gets resumes... can the company say that we are not hiring now and not apply for PERM and re-advertise after may be 3 to 6 months.
 
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