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< Back to current issue of Immigration Daily

Choose The Right Newspaper For PERM Advertising

Mike Hammond

In a recent decisionby the Board of Alien Labor Certification Appeals (BALCA), the Court rejected an employers choice to publish the required newspaper ads in the Washington Examiner instead of the Washington Post. The BALCA decision makes clear that the newspaper chosen must be THE most appropriate newspaper in the area. The inference is clear, there is only one (1) correct choice in each metro area. Presumably that means the newspaper with the largest circulation. Frankly, I think this decision goes in the category of “no duh!” Who could possibly argue that a suburban/community press type newspaper was an appropriate choice instead of the areas largest most well known newspaper ? Obviously not an experienced immigration attorney, as the employer went unrepresented in the appeal. Now it came to me, the DOL has been making the same argument by rejecting additional newspaper ads used to support the extra 3 of 10 recruitment activities required for professional positions if they are placed in the same newspaper as the required Sunday ads. Using the same reasoning expressed by BALCA calls into question whether local ads run in suburban/community press newspapers are truly acceptable. BALCA cited with approval a statement from the DOL accompanying the final rule which stated ” in order for the employer’s job opening to receive appropriate exposure, the proposed regulation requires that the mandatory advertisements appear in the newspaper of general circulation most appropriate to the occupation and the workers most likely to apply for the job opportunity in the area of intended employment. For example, in a relatively large metropolitan area such as Philadelphia, Pennsylvania or Washington, DC, it would not be appropriate to place an advertisement for a computer professional in a suburban newspaper of general circulation since workers interested in professional jobs consult the metropolitan newspapers in the area of intended employment with the largest circulation rather than the suburban newspapers of general circulation.” I suggest that in light of this recent BALCA decision, that the DOL go back to the regulation and revise its FAQ. The prohibition against counting the same activity twice is obvious but, the logic behind not allowing a week day ad ran in the same major newspaper as the required Sunday ads is not supported by any clear reasoning. For now, I recommend choosing the largest newspaper in your area for the required Sunday ads and not using local newspapers for one of the additional activities. Stay tuned for more changes to PERM as, tongue firmly in cheek, we continue to do all to protect the U.S. worker !


About The Author

Mike Hammond is a Senior Partner and Founder of Hammond Law Group. Before beginning Hammond Law Group, Mike served as an associate at Benjamin, Yocum, and Heather handling civil trial work. Mr. Hammond frequently meets with clients in Atlanta, Chicago, New York, Tampa, Phoenix, San Francisco, Ft. Lauderdale, and Washington D.C. Mike regularly conducts training seminars and internal audits for businesses. He especially enjoys Q & A presentations to groups of computer consultants or healthcare workers.


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