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Question:

As I was reviewing Form 9089, I noticed that in Section I(d) on page 5 of 10, if you answer "Yes" to question I.1 or 1.2-B, you have to complete at least three (3) of the items listed in Section I(d). This question relates to the three additional forms of recruitment required under the regulations. However, it was our understanding that you did not have to choose three different types of recruitment from the types listed, that as long as the advertising was from different sources, you could choose the same form of recruitment multiple times. For instance, if you run three Internet ads on three different web sites, it was our understanding that this meets the three additional forms of recruitment requirement under the regulations. Or how about two extra print ads (in addition to the two print ad requirement) and an Internet ad to meet the three additional forms of recruitment. Looking at Section I(d) on Form 9089, it does not give you the ability to list the same type of recruitment twice (even though the same type of recruitment may be from different sources). As a result, it seems that Form 9089 reflects the DOL has interpreted the regulations to mean three completely different types of recruitment, rather than three additional forms of recruitment.

Do you agree with our interpretation of how to satisfy the three additional forms of recruitment required under the regulations? If our understanding or interpretation of the regulations is the same as yours, how would you recommend that we answer Section I(d)?

Answer by Joel Stewart:

My reading of PERM is that the three Professional recruitments should be three separate kinds and not the same kind. If the regulations are not crystal clear, the lessons we learned from pre-PERM processing, both regular and especially PERM, that employers should exhaust a variety of recruitment efforts, not just one genre. Sorry!