Employers who are having difficulty finding qualified American candidates for a position might want to consider beginning the permanent labor certification process and placing PERM recruitment ads so that they can recruit foreign national workers through an immigration advertising campaign.
There are lots of great advantages to legally hiring or sponsoring alien workers. For example, immigrant employees may be able to communicate in multiple languages, which can be a huge asset for any company interested in expansion on a global scale. Many alien employees may also have specialized skill sets that may be more abundant abroad than they are in the U.S., and foreign employees may be able to communicate with international clients in a way that accounts for subtle cultural sensitivities.
However, it is always important to consider the political climate when recruiting through immigration labor advertising. Since 9/11 the government has generally taken an explicitly outspoken attitude against immigrant labor, but nonetheless, the policies remain relatively unchanged with the exception of some minor things to keep in mind.
That said, it is still always a good idea to keep on top of trends in order to maximize the chances of success in any immigration labor campaign. Hiring foreign national employees is a very involved process, and employers should do everything in their power to maximize their chances of success and reduce the probability of encountering costly red tape, rejections, or other sorts of untimely hitches.
With that in mind, below are some important trends to consider when recruiting foreign national workers. It is prudent to assume that these trends are only likely to increase in the coming years, so it is important for employers to prepare themselves for what they might come up against and how to get around any potential barrier that might pop up when recruiting an alien workforce.
Be Wary of Any Prior Convictions or Alcohol Related Charges
In the past, if a foreign national employee had a prior minor conviction on their record, like say, driving under the influence of alcohol, this was likely to have little bearing on their ability to obtain a Visa and stay in the country for an extended time period. However, recent policy changes mean that a request to extend a stay in the country can be denied even for a minor conviction.
This means that after the program electronic review management certification is obtained, the potential employee is at risk for having their visa revoked or get denied on an application for extension, and that they would have to return abroad to either apply for a new visa altogether or have their Visa processed. These potential holdups can be important for an American employer to keep in mind when deciding on a potential foreign candidate to fill a position.
Keep in mind that this does not mean that a worker with prior convictions on their record will not be able to obtain a workers visa, but rather, that the process may be immensely more complicated and an employee would want to budget for potential delays. Ideally, an alien worker will have a clean record to help ensure that no hold-ups in filling the position in question.
Be Prepared for Potential Worksite Visits
Since the Trump administration came into power, employers are much more likely to experience a worksite audit following a petition to sponsor a Visa under a H-1B or L-1 visa. This means that even if the employee is approved for the petition, the employer should still be prepared to answer questions should government auditors decide to show up the worksite unannounced. The auditors will essentially want to establish that the employee is working in the capacity that they are hired to work in.
This is why it is always advised for an employer to have all relevant documentation for the petition itself as well as the PERM recruitment ads process onhand and easily accessible in the event of a surprise workplace audit.
Ensure That All Boxes Are Checked When It Comes to PERM Recruitment Ads
In recent years, the government has tended to scrutinize applications more closely than earlier years and this should always be kept in mind when going through the ad recruitment process. This is why it is always advised to hire a professional ad agency that specializes in the PERM recruitment ads process and has the legal knowledge to ensure that everything is done right and in a timely, all the required documentation is provided when the application is submitted.
Employers who choose to bypass professional help in an attempt to fill all the tedious requirements on their own can often end up paying a hefty price should they overlook even just a small step. This is because all incomplete applications will be rejected outright, even if the error is very minor. Imagine putting in all that work and time, only for the employer to be told their application has been rejected over just a small little oversight. It would certainly not be a very fun scenario to have to go through.
In addition, it is absolutely crucial to properly document the ad posting process and have all required documentation on hand and ready at the time that the application is submitted. While employers are not required to submit back-up documentation with the electronic application itself, all applicants are subject to a potential audit and it is absolutely imperative to be able to establish that every step of the process was properly completed in order to avoid painful delays or having to start all over from scratch. Once again, a professional ad agency who specialize in the ad process is the best place to turn to ensure that everything is done right and well documented, which will greatly increase the chances of coming out with a certification in hand.
The Takeaway
Keeping the above guidelines in mind does not guarantee a successful result, but it does help ensure the process of hiring foreign employees is likely to go a lot more smoothly.
