Any employer seeking to employ a foreign worker and sponsor them for their employment green card will be familiar with the PERM process for recruitment ads. The PERM (Program Electronic Review Management) is a process with stringent guidelines in place for an employer to advertise a job and recruit an overseas worker.
Part of this process is the labor certification element. This is when the employer files a request with the Department of Labor. This request is to indicate and confirm that there are no eligible domestic workers from the United States to fulfil the job role. Only after this certification is approved can the employer officially hire the alien worker.
After determining the job requirements, the employer then needs to determine a prevailing wage with the State Workforce Agency. The employer must agree to pay the wage that is determined at this step, and there can be considerable reprimands if this isn’t adhered to.
Throughout all of this process, the employer still needs to make the job position advertised and available to domestic workers. This needs to be done in an internal job posting as well as two newspaper ads to be circulated on two consecutive Sundays. The advertisement must be available for at least 30 consecutive days and no more than 180 days.
After all of this, the labor certification application is submitted to the Department of Labor in the ETA Form 9089. This is a detailed form with substantial evidence and information on the proposed employee and the employer. It requires a number of attestations to certify that it will adhere to the Department of Labor’s rules.
After this form, there is no more documentation that needs to be submitted. However, it is very important that the employer keeps all these documents available after the process. The Department of Labor audits these recruitment ads up to 5 years after they are lodged. This is to ensure that fair workplace standards are being met with no discrimination.
After the labor certification is approved, an immigration petition must be filed within 180 days. This begins the next step of permanent residency for the employee. This step needs a whole new range of paperwork that is best understood by consulting a professional migration agent.
Throughout the recruitment advertising process, it is advisable to contact a PERM certified attorney. They are the ones with the most knowledge on how to put together a proper application without missing any of the steps. This can help the employer make sure all their information is comprehensive and well-prepared for a seamless process.
