DOL Region Imposes New Advertising Requirements for Reduction in Recruitment Cases

Effective December 1, 2001, the Department of Labor Region I Office in Boston will impose new advertising requirements for all labor certification applications, in which a request for expedited processing is made under the Reduction in Recruitment program. As explained below, Region I will double the advertising requirements necessary to demonstrate that an employer has made a good faith effort to find qualified U.S. workers.

DOL’s Region I Office in Boston has jurisdiction over labor certification applications filed in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. To obtain an approved labor certification application, an employer must file the labor certification application initially with the State Employment Security Administration (SESA) in the state where the job will be performed. The SESA will conduct an initial review of the labor certification application and may request additional information. However, only the Region I Certifying Office has authority to approve or deny applications. Thus, it is essential for employers to satisfy the Regional Office’s requirements for, among other things, recruitment.

It is important to note that the DOL has two sets of requirements for recruitment depending on the type of position described in the labor certification application. “Non-availability” cases are those positions in which the DOL recognizes that there is a systemic shortage of workers. This category includes positions within computer science and information technology that are “hands-on” and are not managerial in nature. Moreover, Mechanical Engineers, Electrical Engineers, Aeronautical Engineers, Specialty Cooks, and Bakers are also considered “non-availability positions.” All other job offers, including those that require a Master’s degree, or pay more than $75,000, or any management position, are automatically considered “available positions.”

Currently, the DOL in Boston requires for non-availability position, at least one ad in the local Sunday paper or a professional journal, in addition to presenting internet postings or other sources of recruitment. For all other occupations, the employer must place 2 ads in the local Sunday paper in the area of intended employment or a professional journal, as well as Internet or other sources of recruitment.

However, on December 1, 2001 employers must place at least two ads in the local newspaper of general circulation or a professional journal for “non-availability” positions. Employers filing labor certification applications for jobs that DOL classifies as “available” positions must now submit at least four ads in the local paper of general circulation or in professional journals.

Failure to conduct sufficient advertising could cause employers significant delays and expense as additional advertising will be required. Moreover, the DOL could deny the request for expedited processing under Reduction in Recruitment and place it with the backlog of traditionally filed labor certification application cases.