Employers in the United States who want to sponsor a foreign national worker need to go through the rigorous PERM process. Although complex, going through this is a good way to retain skilled workers and sponsor them for their employment green card.
There are many things that employers can do to ensure they meet all the PERM (Program Electronic Review Management) requirements. The main reason these strict rules are in place is to ensure that the job has been well-advertised to local US workers and that no one misses out on a work opportunity.
The first thing to do when creating this type of immigration advertising is to write a thorough and clear job description. This needs to outline the tasks and duties of the role, what is expected of the worker, and if there are any set skills or qualifications required. This should focus on one role, rather than looking at multiple interdepartmental responsibilities.
Furthermore, it is often better if the job advertisement includes the wage. This isn’t a necessary requirement, but it can help to create transparency in the advertising process. If the wage is mentioned, it needs to be in accordance with the prevailing wage determination. This is so that the Department of Labor can see if the wage in accordance with the standard wage expected for this type of role.
If the job description isn’t clear enough or if there is something wrong with the wage rate, the Department of Labor inspector might request additional information. This can cause delays to an already time-consuming process. It is imperative that the employer understands the advertising requirements before undertaking this venture.
Next, the employer needs to post the ads in a certain way. There is a structure to follow in how the ads need to be published. First, one job order needs to be placed with the State Workforce Agency. Next, two job ads need to be published in the local Sunday newspaper, available for two consecutive Sundays. Then, one internal posting notice needs to be made available to current workers. Finally, three additional ads can be placed in the employer’s location choice, such as an online job board or a radio station.
One thing that employers should pay attention to throughout this process is the paperwork involved. It is important to retain all copies of papers filled and sent. The Department of Labor audits up to 30 percent of employers hiring foreign workers. Therefore, keeping detailed records of the whole process can be a safety net in the future. If everything is done correctly according to the PERM guidelines, there is nothing to worry about.
