Labor certfication

M

Myth

Registered Users (C)
This is for my freind. His company had advertised his post as per the labour rules for the GC. Now there are sevaral responses to the ad .The company is american. What do you think he or his company should do ?

I would appreciate if someone who had this similar experience or knows what to do , can respond immediately!

Regards.
 
The company must determine if the respondants are qualified US workers

If they are qualified US workers (the company does not have to offer the position to an H-1 worker who responds) the person must be offered the job.

Jim
 
No Title

All the candidates need to be interviewed. Your manager needs to give specific reasons why they don\'t fit this position. It is very painful, so your manager may complain and delay you. It all depends on how many resumes you received.
 
I am also in the same boat.

I am also in the same boat. It is really very painful to refuse resumes and show reasons. Recently State Labor asks lot of questions too. But normally labor does not get refused unless there is some other resons too like company laid off people or something like that. I do not think the number of resumes really matter. When you show some resumes it can convince the labor dept that the ad is not restricted. In my case I came to know that my employer received between 50 and 100 resumes. I do not know what are they doing with that because we should not involce in this.
 
I got 1 applicant for my position

I just have received the foundings of my add and I got only one applicant for my position. He is more qualified than me though. Well he is also over 60 so he had plenty of time to qualify I guess. Anyways I don\'t know what my lawyers\' advice is going to be, why we will reject the guy.

Anyone with similar experience?

Thx!
 
High Volume of responses

My company has received more than 150 resumes for one position. But when the HR gone through the resumes by matching the ADVT requirements, only 14 are found suitable for the position. Of the 14, when called, 13 of them turned away saying that they are no longer interested. The remaining one canditate was interviewed and rejected because of his most recent experience is not in the area of requirement. It is not mandatory to offer job to anyone who fits the requirements. By specifying a valid legal reason, they can be rejected.
 
Not good reasons

You have to include all the 150 resumes. That is the total response for the ad. Otherwise it is fraud.
 
No Title

Man, no one is commiting fraud here. You haven\'t understood the message clearly.
YOU MUST INFORM DOL THAT YOU HAVE RECEIVED 150 RESUMES.
The only thing you have to do is to must provide a valid legal reason for rejecting an applicant. But you must inform the DOL that the amount of resumes received and number of people interviewed.

When submitting the recruitment report you have to inform DOL that
Number of resumes received were - 150
Not suitable as per the advt. requirements - 136

interviewed - 14
Reject - 14 and reasons for rejecting
And you must inform DOL that the reason for rejecting the 14 resumes. The reason must be a valid legal reason. If you are able to prove, legally, those responses are not qualified then your company must offer the job to the applicant. The company may reject the applicant for many reasons provided that those reasons are not discriminatory or un-reasonable or subjective.
 
The company must hire qualified US candidates

The only acceptable reason for not hiring a US candidate who will accept the position is that the person is not qualified. You being more qualified is not relevant as long as the person meets the minimum qualifications for the position.

Jim
 
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