There are many excellent work opportunities with a green card or work visa status. While these seem so readily available, it is a big responsibility of the employer to ensure they are advertising the role correctly. There are many steps in the process they must go through to advertise for immigration positions with ads.
This is highly important as it prevents any employer from taking advantage of hiring an immigration worker. It keeps the system in check and balance. So, how can an employer legally advertise for a green card or work visa worker to join their company?
First, they need to place a job order with the relevant State Workforce Agency. This needs to be in the same state as the job will take place in. After placing this order, it needs to run for 30 consecutive days. This includes weekends. It is possible to have the order to run for longer so long as it is not under 30 days.
After this job order is complete, the employer must wait another 30 days before they fill out their ETA 9089 form. The reason the wait is so long is that it gives US citizens a fair shot at applying for the job before opening it up to immigration.
Going on from this, there is a certain amount of ads that an employer is expected to place. This includes posting the job in two Sunday editions of a local newspaper and letting it circulate in the wider, local area. The job posting must have the business name, details on how the applicant can send their application, a general overview of the job, and any factors that after the migration aspect such as job location or relocation bonus.
There are additional things that employers can include in their ad to ensure they hire the right person for the job. This includes posting the ad on the company website, making it accessible on an external search engine, or using the services of a private employment firm.
If an employer goes through this advertising process and hires a migration worker through sponsoring the work visa or green card, they are entitled to. It is a lengthy process but worthwhile in the right roles. However, if an employer rejects a US citizen for the role, they must ensure they have legal grounds to do so.
Sometimes, the process for applying for an ad to attract migrants to a position is denied. There is the chance to file a motion to reconsider this or request a review if it happens. There are many reasons this could happen, including simple mistakes on the ETA 9089 form or lacking of sufficient evidence.