DOL Proposal Threatens Recruitment Advertising in Newspapers

The Department of Labor is working on a draft regulation that would “modernize” the permanent labor certification program known as PERM (Program Electronic Review Management), an important process with which employers must comply in order to sponsor a foreign citizen for permanent residency.
We understand that the DOL will recommend the elimination of a requirement that employers advertise in Sunday newspapers of general circulation for available positions that are being offered to sponsored foreign citizens currently working in the U.S. under temporary H-1B visas.
The agency is considering replacing this print requirement with an online requirement that would require recruitment ads on “widely available” online websites. If the print requirement is eliminated, this change will cost some newspapers millions of dollars annually, specifically in markets with a high concentration of information technology and science industries.
Rather than eliminating the requirement for publication in newspaper’s Sunday edition, which continues to reach a huge audience, the Alliance is advocating for modernization of the rule to require the print and digital distribution of recruitment ads so that the widest pool of candidates in a market are given an opportunity to learn about and apply for available positions.
Newspapers are a trusted third-party to help ensure employers fulfill the requirements under PERM for reaching out to US citizens to fill available positions before giving them to foreign citizens.
Through print, their own websites, mobile platforms, social media, partnerships with or CareerBuilder and programmatically targeting ads to niche job boards, newspapers reach the broadest possible audience in a market.
The DOL’s official proposal is expected to be released for notice and comment in mid- to late-November.

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