DOL Issues Guidance on Recruitment Reports

The Department of Labor (“DOL”) recently released a FAQ on the information that should be included in recruitment reports. Recruitment reports are required to be prepared as part of the process of preparing a labor certification to be filed. The DOL specified that a recruitment report must include: (1) the total number of U.S. applicants who applied for the position, (2) the total number of U.S. applicants hired for the position, and (3) the total number of U.S. applicants who were rejected based upon a lawful job-related reason. The lawful job-related reasons for rejecting U.S. workers should be categorized. The DOL further specified that employers should list the total number of U.S. applicants who were interviewed and a list of the names of U.S. workers who were rejected under each category. Finally, if an applicant was rejected under multiple categories, the category that he is listed under must state the multiple bases of rejection. For instance, if a candidate was rejected because he did not have the necessary education and did not have the required total years of experience, he should fall under a category titled “candidates lacking the required education and experience.” The DOL specified that this type of categorization will “enable the certifying officer to clearly establish the reason for disqualification of each U.S. worker.”

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