1.4. Conduct a test of the U.S. Labor Market. The employer is required to participate in a process to test the U.S. labor market by recruiting to determine if there are any able, willing, available and qualified U.S. workers for the position to be offered to the foreign national. Recruitment is just like it sounds, the employer must advertise the position and review resumes for more than 30 days, but less than 180 days (180 day count start once the first form of recruitment is posted), prior to filing the application to ensure that there are no other qualified U.S. workers available.
The DOL has specific regulations as to the form and content of the recruitment efforts required of the sponsoring employer. The employer is required to use newspaper ads, a posting in the state labor department’s job bank, and, for professional positions, three additional allowed forms of recruitment. The regulations address not only the types of recruitment the employer may use mandatory and alternative forms, but also the content of the advertisements.
1.5. 30 Day “Cooling Off” Period. The completion of the mandatory recruitment triggers a required 30 day cooling off period. After each form of recruitment is closed, the Employer must wait at minimum 30 days before the ETA 9089, Application for Permanent Employment Certification may be submitted to the DOL. This period is required so that the employer may continue to receive and consider job applications in response to the prior recruitment efforts. If an application is filed prior to the 30 “Cooling Off” period, the application will be denied.
There is an exception when completing the alternative forms of recruitment for a professional position, that one alternative form of recruitment may fall within the 30-day filing period if necessary to ensure the ETA 9089 application is submitted to the DOL before the recruitment period expires at 180 days from the date the first form of recruitment was posted.