For businesses and companies seeking our migrant workers, there are strict advertising laws that they need to adhere to. These immigration ads must be in compliance with PERM advertising rules. These are rules dictated by the immigration law that gives a structure to the advertising process.
A PERM labor certification requires certain steps to be taken when writing a job advertisement. Many businesses seek out assistance from an agency to help write the ad in an accurate and compliant fashion. Otherwise, it can delay the advertising process if there are any errors or a guideline isn’t met.
For ads targeted at H2B visa holders, it is important to convey them in the correct manner. For instance, immigration law requires that the ads are posted at the intended employment location for at least 10 days. There are also certain formatting structures in place, depending on the type of work being advertised. This is why it is good to consult a professional in the advertising field to make sure the right ad is being created for the specific type of work.
The requirements that need to be met for these job advertisements are put in place by the State Workforce Agency, the Department of Labor, and the PERM requirements. Companies and businesses need to be aware of these regulations as they take a lot of time to fulfill.
Creating a H2B visa and PERM advertisement is a speciality process. It is often best to forward the ad to an attorney who knows the field to ensure all the text and placement is correct. This can save time and the risk of it being rejected by the advertising outlet in the long run.
The job advertisement needs to be published on a range of media channels, including a local newspaper and a radio station. This means that there are multiple people to contact throughout the process and ensure they accept this type of H2B visa advertisement. Businesses need to be thoroughly prepared for a lengthy process when choosing to hire a foreign worker.
Part of the reason that the process is so difficult is to keep the workplace fair. The job needs to first be advertised to local and domestic workers to give them a good chance at employment. Only after the job has been advertised internally or domestically can it be advertised for alien workers.
If a company or employer has any doubt about their ad meeting the strict PERM, DOL, and State Workforce Agency rules, they should contact a professional migration lawyer or attorney. Having the right information can save time, money, and hassle in the long run.
