Due to the difficult economic conditions, the Department of Labor has hinted that it will implement supervised recruitment on more cases going forward. This, in essence, rolls back the clock five years on the progress made in streamlining the Labor Certification process under PERM. Currently, the PERM labor certification process is an audit based system. This means that the application under PERM is filed without supporting documentation and DOL either randomly or based on trigger system audits the applications for compliance.
While not all cases will be processed under supervised recruitment, larger percentage of cases will be subject to this process. Supervised recruitment is spelled out in 20 CFR 656.21. Pursuant to the regulations, it gives the Certifying Officer the choice of requesting a supervised recruitment process. The Certifying Officer is the person with the responsibility of issuing labor certification. The practical impact is a slower process. Under the supervised recruitment, there are additional steps to be undertaken, not required by PERM, and they are summarized below.