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DOL Expands Use of Supervised Recruitment With Labor Certifications

The U.S. Department of Labor (DOL) has revealed plans to expand its use of supervised recruitment with respect to labor certifications. Some cases that DOL is focusing their supervised recruitment efforts on include: applications submitted on behalf of individuals in H-2A, H-2b or E.W.I. status; applications that did not have an educational requirement; and applications for financial positions in New York City. Employers should be advised of the possibility of supervised recruitment as any labor certification application can be subject to supervised recruitment, but ways to avoid an audit or supervised recruitment include avoiding the use of job requirements that appear to be too restrictive or job requirements that are too broad and fail to identify specific bona fide job requirements. Additionally, if selected, compliance with supervised recruitment is important as an employer, attorney, or agent with a history of non-compliance to supervised recruitment can be excluded from filing labor certification applications for up to three years.