The PERM Notice of Filing (NOF) – also referred to as an Internal Posting Notice (IPN) and not to be confused with the H-1B LCA posting notice – is intended to notify a company’s U.S. workforce that a labor certification may be filed for a foreign worker for a job opportunity with the employer. The NOF must be given between 30 and 180 days before the filing of a labor certification application.
The notice itself contains information about the PERM position, including the company’s name, job title, worksite location, job duties, experience, and other requirements for the position -whether the position involves travel, and contact information to apply for the job. The position’s offered wage rate – whether it be an hourly rate, annual salary, or salary range that meets or exceeds the prevailing wage rate for the role (whichever is greater) – must be included and visible!
The NOF must be physically posted in one location at the worksite so it is visible to all company employees for at least 10 consecutive business days, not including holidays or days the worksite is closed. Department of Labor regulations list two appropriate locations for NOF postings: near posted wage and hour notices, or near posted safety and health notices. The main idea for a NOF posting location is that all employees can easily access the posted information without obstruction. The PERM application cannot be submitted until at least 30 days after the NOF has been taken down.
The NOF must also be posted on any in-house media (i.e.: employer intranet) if that is a normal procedure used by the employer internally to notify employees of employment opportunities. Ideally, this effort should run in conjunction with the physical posting notice.
For a position that is covered by union contract, a bargaining representative notification process is used in lieu of notice of filing.
Finally, the NOF must also include contact information for the DOL’s certifying officer so that anyone with information relevant to a PERM application could contact the agency if they wanted to. Any NOF which does not contain the CO’s address, or lists an address for a different CO, will be denied per regulations.
When the Department of Labor reviews a PERM application under audit, the agency will review the employer’s NOF for consistency with reported information on the PERM itself and across recruitment efforts. Even the slightest clerical error on a NOF can result in a denial of the PERM. It is a critical component of the PERM green card strategy.
If you have any questions regarding the PERM process, please contact our office today!
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