Permanent labor certification ads are usually placed before an employee tries to find foreign workers. These ads are designed as required by the Department of Labor.
PERM ad requirements are subject to change. However, they usually must target United States workers and be placed in a Sunday newspaper that is circulated to the general population. This ad must include basic information such as the job title and a description of the duties and the salary.
An ad in a local newspaper also usually accompanies a State Workforce Agency 30-day job order. This documentation as well as the public ads usually includes details about qualifications. This information can be provided in a variety of ways such as through local job center postings. All recruitment ads and job orders seeking U.S. workers are usually placed where eligible workers can see them.
If evidence suggests that not enough suitable workers are found within a certain U.S. location, then it might be time for a company to seek foreign help. This entails filing the ETA form 9089, and it is completed fastest by filing online to a National Processing Center. This application process usually is carried out within no less than 30 days or nor more than 180 days of posting PERM recruitment ads.
Wages offered when publishing PERM certification ads must be equal to or greater than the prevailing wage. This is a standard set by the National Prevailing Wage Center. This organization determines what is a fair wage for the responsibilities listed in a job ad. It ensures that both domestic and foreign workers are paid only for the responsibilities they are hired for and no more or no less.
The DOL also has a way of determining whether or not a job order is legitimate. Job descriptions such as the ones on the Bureau of Labor Statistics website are usually the kind that will prove that a recruitment ad is legitimate. Guidelines for verifying that a real job opportunity exists are also set in place by the Department of Labor to prevent fraud when hiring immigrant workers.
Offering real opportunities to first U.S. employees than foreign workers is a process. It often takes months or even years depending on how thorough an employer is on their initial ETA applications.
