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Don’t forget to list addresses in the Recruitment Report!

A very popular common law legal concept and strategy is the act of incorporation by reference. Through this act one document or clause is incorporated into another document or clause by simply mentioning the other document. For example, a Master Services Agreement may state “Section 9 of the Statement of Work applies to the schedule of deliverables”. This means that Section 9 is now part of the Master Services Agreement.

During the labor certification process, the employer is required to conduct a recruitment in the area(s) of intended employment. During the recruitment process, the employer will likely receive resumes from potential candidates. Throughout the recruitment stage, the employer must compile and maintain a “Recruit Report”. Within the recruitment report, the employer must list the candidates and relevant portions of their resume. It turns out, the candidate’s address is now very relevant!

In Matter of JP Morgan Chase, 3/27/12, BALCA found that the employer must list the addresses of the U.S. workers who applied for the job within the recruitment report. Failure to do so is a material omission. Furthermore, BALCA will not recognize incorporation by reference to the addresses listed on the candidate’s resumes.

Practitioners should take note and instruct their clients of this very important process as PERM Audit’s are on the rise and recruitment reports must be provided to DOL.

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EB2 to EB3 Conversion and Filing I-485 Concurrently

With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). The answer is YES, it is possible to do so. Here are some Frequently Asked Questions!

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