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Volume X, Issue 2 July 2016

In This Issue 

1. USADWEB Relaunches Newly Designed USADNEWS    
2. Congratulations to iPad Winner!                                     

3. Washington Examiner Challenged as General Circulation Paper
4. United States Unemployment Rate June 2016
5. PERM Processing Times as of July 10, 2016 

1. USADWEB Relaunches Newly Designed USADNEWS!

After a brief hiatus, USADWEB's renowned monthly NewsBlast is back with a sleek new design! Over the past decade, USADWEB has been proud to bring you the most cutting edge information, advice, and updates through USADWEB. We look forward to continuing to provide you with essential updates to help you better manage your labor certification cases. As always, you can find our NewsBlast archives and featured articles on our website.

2. Congratulations to iPad Winner!
Congratulations to Kira Gagarin from Framingham, MA, who won the USADWEB drawing for a brand new Apple iPad Pro at the AILA Conference in Las Vegas at the end of June.

USADWEB enjoyed meeting new clients and greeting old friends in Vegas. We also got to meet some unusual characters along the strip: Darth Vader, Elvis, Dr. Evil and his Mini Me, and even Zach Galifianakas walking Mike Tyson's tiger. The nighttime views of the Bellagio fountain show were breathtaking, and the Cosmopolitan afforded many nooks and crannies to explore -- the "secret pizza place" was definitely worth discovering. We look forward to seeing everyone next year in New Orleans!
 

3. Washington Examiner Challenged as General Circulation Paper

In the Matter of J. T. Inc. D/B/A 7-Eleven (May 2016), the Board of Alien Labor Certification Appeals (BALCA) addresses the question of what constitutes a newspaper of general circulation. Under the regulations at 20 C.F.R. § 656.17(e)(1)(i)(B)(1), an employer is required to place two Sunday advertisements "in the newspaper of general circulation in the area of intended employment most appropriate to the occupation and the workers likely to apply for the job opportunity[...]." 

The Employer advertised in the Washington Examiner for the position of a "Night Manager." The Certifying Officer (CO) rejected the application on the basis that the Washington Examiner did not qualify as an appropriate newspaper of general circulation.

This is not the first time that the choice of the Washington Examiner as a general circulation newspaper has been debated before BALCA. In the Matter of Capitol Building Services, Incorporated (February 2013), the paper was deemed to be an appropriate choice for advertising a non-professional position and the CO's denial was overturned. However, BALCA upheld the denials in both Intercontinental Enterprises, Inc. (July 2012) and Milleniumsoft, Building Services, Inc. (November 2015) because the advertisements were for professional positions. BALCA referenced these previous decisions in the instant case and highlighted the important distinction between professional and non-professional positions when selecting an appropriate newspaper for Sunday advertising.

BALCA pointed out that the regulations provide a definition of what constitutes a newspaper of general circulation in 28 C.F.R. § 540.2(b)(1), which states: "A newspaper is one of 'general circulation' if it circulates among the general public and if it publishes news of a general character of general interest to the public such as news of political, religious, commercial, or social affairs." The Federal Register further advises that as long as a newspaper meets this definition, the employer may advertise "in any newspaper of general circulation." (67 Fed.Reg. 30471 May 6, 2002) However, the Federal Register goes on to warn against intentionally placing advertisements in newspapers with the lowest circulation in order to avoid "appropriate exposure" among qualified workers. The regulations therefore require "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."

The decision in J. T. Inc. echoes that in Capitol Building Services, Inc., where BALCA cited the "large circulation" of the Washington Examiner and the fact that the paper "ran mostly advertisements for nonprofessional positions" as evidence that the paper is appropriate for advertising non-professional positions. In J. T. Inc., BALCA concluded that the Examiner is "widely circulated and is an appropriate vehicle to reach U.S. workers interested in obtaining non-professional employment positions."

Although these cases center specifically on the choice of the Washington Examiner, they shed light on the criteria BALCA uses for determining whether a newspaper satisfies the Sunday advertisement requirement. In cities where there is more than one daily newspaper, it is important to consider not only whether a publication qualifies as a paper of general circulation, but whether it would be "likely to elicit responses from willing, able, qualified, and available U.S. workers." [20 C.F.R. § 656.17(e)(1)(i)(B)(1)] These cases illustrate that this determination largely depends on what position is being advertised and whether the position is professional or non-professional. 
USADWEB has a longstanding policy of selecting the more conservative option when more than one newspaper is available, unless otherwise directed by the client.

4. United States Unemployment Rate June 2016

The unemployment rates around the country can greatly impact a company's decision to sponsor an application for labor certification. When unemployment rates are high, companies may elect not to proceed with the certification process. Rates can vary by state and industry. There are several states with jobless rates that are well below the national average. Employers in these states may be more available to sponsor employees. USADWEB is providing information on the current unemployment rates as a convenient tool to assist you as you prepare your cases. The unemployment rate rose slightly from 4.7% to 4.9% in June.

5. PERM Processing Times as of July 10, 2016

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

 

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews March 2016
Audits November 2015
Reconsideration Requests to the CO January 2016
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

About USADWEB
USADWEB, LLC.
 is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For over a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!

As always, USADWEB welcomes your feedback.

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Finally, if you have any questions or comments regarding anything you read in a NewsBlast, or if you have additional information that you would like to share, please feel free to contact us.

USADVolume X, Issue 2 July 2016

Our mailing address is:                                   
USADWEB, LLC
1498 Reisterstown Road #330                           

Baltimore, MD 21208
(P) 866-USADWEB or 410-580-5414, (F) 410-580-5417

www.USADWEB.com
                                                   
The USADNEWS Blast is the eNewsletter from USADWEB, LLC, providing updates on immigration ad placement services. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of USADWEB's services.
Copyright © 2016 USADWEB All rights reserved.

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