For companies, businesses, and employers in the United States, there are strict immigration advertising laws. These laws fall within the PERM (Program Electronic Review Management) program for labor certification. This is a complicated and time-consuming process, so it is useful for those placing these ads to have as much knowledge as possible.
First of all, the PERM certification laws are in place to keep workplaces around America fair and equal. This means equality in wages and working conditions for both domestic and foreign workers. The PERM process is a starting point for migrant workers seeking their green card work visa and eventual residence status via employment. This certification is processed within the Department of Labor.
To start the PERM process, the employer must first apply to the Department of Labor. The entire process from start to finish takes a few months, so it is important to be prepared for a long wait time. Once the job position is approved for advertisement, it is valid for 180 days.
During the time that the job ad is active, the employer is required to review all applications from domestic workers as well as foreign. This keeps the employer accountable and unable to discriminate. Everyone who is able, qualified, and suitable for the role needs a chance to apply.
The job advertisement needs to be current with the expected tasks and duties of the role. If the job description changes at all, the employer needs to keep this updated through the PERM process. They might be required to start the process again if the job duties stray too far from the position advertised.
Employers, businesses, and companies need to be careful about advertising too many PERM positions, especially if they have had a lot of staff layoffs. The Department of Labor may become suspicious if a lot of US staff are being laid off and then foreign workers hired in their place. This is part of the reason the process is so long and there are many points of accountability—to ensure fairness and no discrimination in workplaces.
Since the process is so time-consuming, finicky, and complex for employers, it is often best to seek out the assistance of an immigration advertising company. There are many migration lawyers who know the ins and outs of this ad placing process and can ensure everything is completed in the correct manner. The main thing employers need to know is that this process will take a lot of time and there are strict guidelines to adhere to. If they are prepared for that, there shouldn’t be too many other issues along the way.
