Before immigrants can apply for a U.S. job, the employer must have already completed an ETA 9089 application. In addition, the company desiring to hire foreigners must have been already approved to work in the U.S. before playing immigration ads.
The Immigration Hire Process
It can take years to have an ETA 9089 permanent labor certification application approved before an employer can hire an immigrant. Any place of business who wants to hire international workers must have already placed ads directed at U.S. applicants before recruiting foreigners for open positions.
Furthermore, any company who wants to recruit people from other countries must comply with regulations set by the Department of Labor, State Workforce Agency and Bureau of Labor Statistics. As far as setting fair salaries for open positions, an employer must adhere to the standards set by the National Prevailing Wage Center. No longer is a 5 percent wage deviation allowed, either, according to recent Department of Labor updates published in 2015.
The PERM Application Procedure
The Program Electronic Review Management system has made it easier for employers to understand the steps of obtaining the rights to hire foreign workers. Likewise, the option to apply for PERM labor certification online makes the process easier for most companies. However, these steps are not completed overnight.
Before hiring foreign workers, companies must follow through with recruiting domestic workers first. Employers also must follow these rules:
- Ads recruiting U.S. workers must be printed in local Sunday newspapers.
- Recruiting U.S. workers must take place between 30 to 180 days before completing the PERM labor certification application.
- An employer must post a Notice of Filing in prominent locations at a work place for 10 consecutive business days.
- A State Workforce Agency job order must be filed that outlines the details of job duties, qualifications needed and expected salary.
Although laws suggest that recruiting U.S. workers is a priority, immigrants have an opportunity to become a U.S. citizen when hired as an employee. They can eventually receive permanent residence status and then apply to become a U.S. citizen. Before all this happens, however, employees as well as the companies hiring them are required to take steps to obtain the legal right to work to work in the U.S.
