United States employers often seek help from professional media agencies when creating permanent labor certification ads. The reason why is because proper formatting of “help wanted” ads or “open positions” ads is required by law in order to ensure the legality of hiring immigrants.
Some Basic PERM Regulations
The employment recruitment notices created by companies must be available to United States citizens first before offering opportunities to workers who plan to move to the U.S. from other countries. All of this usually is accomplished by posting newspaper ads between 30-180 days before applying for PERM labor certification. A job order also is usually made with the State Workforce Agency.
The recruitment notice placed no less than 30 days and no more than 180 days in the newspaper usually includes at least two Sunday ads and other “help wanted” announcements. Depending on the job description, posting employment opportunities online also is allowed. No matter what recruitment media is used, the ad must be very specific. Additionally, companies are typically expected to make placement of permanent labor certification ads in a high-circulation, local publication a priority.
Workplaces are also required to notify employees for at least 10 consecutive business days of the intent to file for PERM foreign labor certification. This ordinarily takes place during the same period during which U.S. job recruitment ads are posted before completing a PERM application. In the process, an internal Notice of Filing is posted in as many prominent locations on a job site as possible. Places recommended by the government where employees will see the NOF include near Wage and Hour or Health Notice posters. Employers are also usually required to comply with various in-house media announcements pertaining to publishing an NOF.
Information Included in PERM Job Orders
Disclosure of wages to be earned are usually included in PERM job orders. Additional details normally found in permanent labor certification ads include as follows:
- How long the employment period will last
- Job qualifications and educational requirements
- List of job responsibilities
- Employment recruiter contact information
Producing a job order that includes all the necessary information is one way the Department of Labor verifies that advertised employment opportunities are legitimate. Accurate job descriptions also have been known to prevent employment legal issues that otherwise could occur.
