If you are an employer with a job opening, you may have the ideal candidate in mind who meets all qualifications. They could have all the necessary skills and experience that make them perfect for your business. However, the issue is that they are not a US resident. You may know of them from your international experiences or your business network. Your foreign prospect could be anxious to work for you too and be willing to move to the US for work. However, your business will need to sponsor them to obtain their green card, which indicates their lawful residence in the US.
The process of hiring a foreign employee is quite complex, as you will need to follow some steps initiated by the employment-focused national department before onboarding your new employee. This is because the government wants to ensure you are not withholding the opportunity to work with qualified US residents seeking employment with businesses like yours. They want to decrease the country’s unemployment rates by giving domestic citizens a chance to apply for jobs.
The process initiated by the employment-focused national department is meant to promote searching within the US for qualified employees. However, if you don’t find other qualified candidates like your foreign prospect, you can eventually proceed with onboarding them and helping them earn their green card.
Here are the general stages you will follow when endeavoring the immigration ads process:
PERM Advertising
To demonstrate that you are withholding this job opportunity from US citizens, you will need to share three job opening publications. It is mandated that you post a job order with your state workforce organization. You can’t take this job order down for thirty days, so a wide range of job seekers would see the posting and have the chance to apply if they wish. You will also have to publish your vacant job role in the newspaper, typically on two Sundays, which are popularly read. That means your publication will be visible to a broad population of Sunday newspaper readers.
Your job posting will need to include :
- Your organization
- Details of the job opening, including wage offer, hours, and your candidate requirements
- Directions for interested prospects to properly apply
You’ll also need to include a job posting for your staff to see and potentially apply. Your internal staff could be qualified for the job role, especially if some members aim to climb the corporate ladder. This will need to be a physical advertisement which you must keep hanging in your office for ten days. After that, you have the right to take it down.
You must post these three publications to fulfill the requirements of this process. Your application to sponsor your foreign candidate could be rejected if you fail to publish your job posting in the proper settings. You will need to keep physical examples of your publications, like newspaper clippings or print copies, and their shared dates.
Further Recruitment Requirements
Beyond publishing your posting, with the necessary details to inform readers who could be potential candidates, you will have to complete three more recruitment efforts. You can choose from a list of options, but this is important to do right. Remember that these are also positive opportunities for you to potentially find a US citizen who could be more qualified for your job opening than your international prospect. You can be sure that your foreign candidate is genuinely the best choice after completing these recruitment efforts and not finding anyone better
Here are the options you can choose among to show the national department focused on employment that you genuinely tried to find a US citizen to fit your job opening:
- Job fairs, including presenting your business or having a booth set up where you can collect resumes or speak to potential candidates
- Job search engines
- Sharing the opportunity on your company’s website
- Publishing your opening in industry publications
- Collaborating with recruitment businesses that may have a list of people looking for work that could fulfill your job requirements
- Offering bonuses or rewards to current staff for recommending candidates
These efforts will help satisfy regulating agencies focused on US employment that you have tried and thoroughly searched for domestic applicants to fill your job role.
Interviewing
After you’ve posted your job posting across several platforms and in multiple settings, you will likely hear from some interested applicants. You will be required to follow through with these applications if the interested person has a resume with qualifications and experience that would suit your business. You will need to interview the candidates, and these meetings don’t change your mind about your foreign candidate. Following an unsuccessful interview, write down why you’ve rejected the US interviewees.
On the other hand, you may not know of international candidates before enduring this process. That’s why it’s essential to consider this process when trying to hire US candidates. After 180 days of struggling to find a domestic hiree, you can look further to other countries and help your new hire obtain their green card. It’s best to work with a lawyer who understands this situation and the many regulations involved. It could be helpful if you are not familiar with hiring international employees and had an unexpected unsuccessful US job candidate search.
Recording Your Process
As mentioned, you should hold onto physical copies of your domestic job posting publications. It will also help to hold onto any evidence that indicates your further recruitment efforts. You’ll want to keep all resumes and correspondence on hand to show that you allowed US applicants to apply and interview, but as recorded, they were not suitable for your role
If you hire a professional team for your job posting publications, you should keep all your payment records. Working with experts to help with this process is smart because they will create publications that will draw attention. Qualified candidates who may have overlooked the posting otherwise may end up applying.
Working with artists and creatives who can understand your company’s message and the important details to share about your job opening will effectively share it with a broad audience and hopefully draw top talent to apply to your business. This could help an unsuccessful domestic job posting process for when you need to promote the business to attract international candidates. So take the extra step and let creative experts create job posting publications that will draw the ideal candidates for your company’s success.
