The Program Electronic Review Management (PERM) process is critical for U.S. employers seeking to hire foreign nationals. It protects U.S. workers’ interests while ensuring employers can access the required specialized skills. Among the various elements in the PERM process, understanding the terms ‘Minimally Qualified,’ ‘Willing,’ and ‘Able’ is crucial for employers and prospective foreign employees. This article will review these terms and why they are essential in the PERM recruitment landscape.
1) Minimally Qualified
Definition
‘Minimally Qualified’ refers to the lowest qualifications a prospective foreign employee must possess to be considered for a specific job position.
Importance
Understanding what constitutes ‘minimally qualified’ is critical because the Department of Labor (DOL) uses it to determine whether sufficient U.S. workers can fill the job role. Employers must define these qualifications in their job advertisements and adhere to them throughout recruitment. Failing to do so can result in the denial of the PERM application.
Key Considerations
- Professional Licenses
- Educational Qualifications
- Work Experience
2) Willing
Definition
‘Willing’ pertains to the candidate’s readiness to take the job. This implies that the candidate must explicitly express a willingness to perform the job functions as outlined.
Importance
Establishing a candidate’s willingness ensures that foreign nationals are genuinely interested in the job role and are not merely seeking an immigration benefit. This measure also ensures that the prospective employee will likely remain in the job for a reasonable period, benefiting both the employer and the U.S. labor market.
Key Considerations
- Candidate’s expression of interest
- Readiness to relocate, if applicable
- Agreement to terms and conditions
3) Able
Definition
‘Able’ refers to the prospective foreign employee’s capability to perform the job functions described in the job listing.
Importance
Ensuring a candidate is ‘able’ safeguards that the employer will receive the specialized skills needed for the job role, thereby validating the need to hire a foreign worker instead of a U.S. worker.
Key Considerations
- Skill assessments
- Previous job performance
- Training and certifications
Conclusion
Understanding the Minimally Qualified, Willing, and Able requirements is fundamental for successfully navigating the PERM recruitment process. Employers must meticulously define these terms in their job advertisements and assess prospective candidates against them. Doing so not only aids in a smooth PERM application process but also ensures that the employer’s needs align well with the skills and intentions of the prospective foreign employee.
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