What is the Effect of a Reduction in Recruitment during PERM process?
A labor certification petition may be avoided if, during a minimum of the last six months, the employer tried to fill the job through customary and normal efforts but was unable to find qualified workers. The DOL may agree in these conditions that a labor certification process is not needed because the employer made a good faith and reasonable effort to hire someone for the position. The DOL will request a Reduction in Recruitment certification that accepts the efforts as “dispositive” of the work force test if the employer can prove these efforts over a long timeframe. Because of budgeting problems, this is a current trend since it will shorten the time of the labor certification process.
