The immigration labor advertising requirements that is needed for the Department of Labor can be very punctual and detailed. For many businesses, large or small, it is always best to consult with an agency or law firm that can handle the majority of the PERM recruitment ads and certification in order to successfully complete every step. Because of the nature of this matter, it’s encouraged to choose a firm that is experienced and specializes in this type of service. However, as an employer, it’s always a good idea to know what avenue of advertising is expected by the Department of Labor.
First, let’s take a step back and look at what needs to be completed before advertising measures can be put into place. Before your immigration advertising is put out, a prevailing wage request by the Department of Labor will need to be submitted. What does this mean and why is it needed? A wage request is needed for the Department of Labor to examine the duties and tasks of the job position and determine the wage the employer has agreed to pay forgien nationals once they obtain their Green Card or work visa. This process is essential before advertisement because it is meant to protect American workers from employers looking to pay less to foreign workers. After the prevailing wage request is taken care of, there are multiple methods of immigration labor advertising that can be sought out. Let’s look at those options.
Employers must advertise the position that they wish to sponsor a forigen worker. Essentially, they have to begin recruiting for the job that is on the basis of the PERM certification. Unfortunately, it is not up to the employer to advertise where they want, it is up to the Department of Labor. They determine the content and where the ads are placed. For a minimum of 30 days, the same posting will be on the department’s website for the specific state the job is located.
Newspaper
One of the requirements enforced by the Department of Labor is that all immigration labor advertising must be printed in a newspaper of general circulation on two consecutive Sundays and must run for at least 30 to 180 days. In conjunction with the newspaper posting, the job ad must all be on the companies website for at least 10 business days. An experienced newspaper immigation advertising agency will know the best ways to utilize this outlet. Depending on the job description, if it is appropriate, posting in a ethnic or non-english local newspaper is an option.
For job postings that are in a rural area that do not have Sunday edition newspaper, the employer should use their discretion and use a newspaper that has the widest circulation. Here is the content that should be shown in this type of advertising:
- Name of the employer
- Detailed instructions for applicants on where to submit their resume
- Description of the job that is not too narrow, and has enough details to apprise the applicant
- Location of the job is mentioned and travel requirements are states if applicable
For newspaper ads, not every detail of the job duty and description needs to be mentioned, however, the employer has to follow the guidelines of the Department of Labor or else the entire process will be voided and the employer will have to start from the beginning.
Radio
The radio is not the most common way to gain attention, but it is an inexpensive and feasible way to satisfy the immigration labor advertising requirements laid out by the Department of Labor. It is important to remember that a radio advertisement will not suffice for newspaper ads. A newspaper ad still needed to be printed in order to comply to the PERM certification process. Radio commercials can be one of the several ad avenues you can use, because remember, you need to have job postings in various outlets.
For all job postings, employers must provide proof of post, however that can be difficult for radio commercials since it is audio and not textual. The type of documentation that can be submitted for proof of advertising can be a form that shows the ad run time and the script used. Written confirmation and receipts from the broadcasting company should be kept by the employer because this is substantial proof. Lastly, it is possible to obtain an audio file of the advertisement that was aired, this will also be accepted by the Department of Labor.
SWA Job Order
A State Workforce Authority is a mandatory step in the PERM process. According to the state where the job is located, the posting will be advertised in the database for a period of time. Just like the other ways of advertising, this method also has a specific set of requirements. The information that must be enclosed include:
- Company employment identification number
- Company address and contact information
- Education and job experience that is relevant to the position
- Unemployment insurance number
- Salary and benefits
Job orders under regulations for both professional and nonprofessional must be posted for a minimum of 30 days. For example, if you post a job for May 4th, the end date will be June 5th. This is to confirm the month long time frame. During this posting, the job order has to be accessible and visible to the public at large. It should also be easy to find and identify. Although some SWA job orders are able to obtain special exception to make them accessible to particular groups such as veterans, it is still required of the employer to have the posting visible for the 30 day period.
The SWA job order is one of the most important steps in the PERM labor certification process. It is not an optional method of advertising a job position, but rather it is compulsory and can diminish the entire process if not done correctly, or at all.
