DOL Questioning Use of Employee Referral Program for Labor Certifications

Categories: Immigration Lawyer Blog San Diego

Many Immigration Attorneys have reported denials relating to the evidence submitted for the popularly used employee referral program. The employee referral program is typically used to satisfy one of the additional measures of recruitment required in the labor certification process for specialty occupations.

The Department of Labor wants to see that the referral program is connected to job openings at the employer, and that employees are aware that they can refer potential applicants to their employer. Dated copies of correspondence to the employees from the employer detailing the program is the preferred method of demonstrating that the employees know about the program. Many employers have such a program in place, but merely mention it in their employee handbook. To be on the safe side immigration lawyers should instruct their clients to also issue a dated memo to the employees, in case of an audit.