Having patience is key in order to seek the best foreign workers for your business. It’s not like hiring someone from the same state or country, because there are a particular set of rules and regulations that need to be followed. This takes a bit of time, so you need to be clear in how you approach your standard of getting employees. With that being said, here are a few steps to take in regards to employing an immigrant.
A Prevailing Wage Request
This is the start because you must abide by certain guidelines of the Department of Labor (DOL) in order to get a prevailing wage request (PWD). Within this request, be sure to include the job duties, requirements, and where your workplace is located. This is all information that needs to be included in your immigration advertising. From that information, the DOL determines a prevailing wage to match the job task required. When getting approved for permanent labor certification, this is one of the most important things to clear up. Under this approval, employers must at minimum pay foreign workers a prevailing wage. Of course, this varies depending on the type of job and location. In turn, the DOL must provide a proper PWD based on the employer’s work site. Another thing to think about is ad placement.
Having the Right Ad for Recruitment
Filling up a job can be challenging without the right ads to help people know what’s available in the market. Remember, it’s your responsibility to hire workers from the U.S. first. If you can’t recruit anyone that doesn’t fit the job motif, then seek out employees that are foreign-born. You have to show good faith that you made the job available to those domestically as well as internationally. The three main ads allowed are placing one within a job agency, placing one within the state of the job location, and posting a newspaper ad on two different Sundays. The next thing is to file an ETA Form 9089.
Why File an ETA Form 9089?
In certain cases, you may have job positions still available. If it’s been about 6 months and no U.S. workers have shown interest in the job opportunities, you can begin filing this form. Remember, the DOL wants proof that you have actually attempted to hire people qualified for the position in your work site. They want to know the time frame of the ads and where you placed them. If you have a foreign worker in mind, they need to know their birthplace, educational background, and work experience.
It takes time to hire a foreign-born employee. That’s why you need to make sure all of your information is thoroughly listed so that you don’t delay the process of getting them labor certified.
