For many work visas and employment-based green cards, one of the primary steps is to gain a PERM labor certification from the DOL (Department of Labor). This process comprises extensive perm advertising. Many employers tend to take advantage of the immigration system to take jobs away from potential US workers. PERM labor certification exists to ensure that these employers don’t do this. Perhaps you still don’t understand what PERM certification means. Let us simplify it a bit for you.
What Are PERM ads?
Simply put, PERM is an application filed by any employer that wants to sponsor a foreign national for an employment-based green card.
These ads are also called employment-based advertisements that benefit US citizens for any job that is currently being offered within the United States before foreign nationals have a chance to grasp that opportunity. This certification requires a lot of research and a significant amount of documentation by the employer to prove to the government that they followed due process before issuing work visas to foreign nationals.
Before a perm labor certification application is submitted, the petitioning employers must complete the proper recruitment steps for any job in question. Since there are very stringent immigration labor certification ad requirements tied to PERM advertising; doing so is not always that easy. There are regulations in place requiring specific for both professional and nonprofessional job positions.
Any employer that files for a perm certification attests to four things. Without following the four things listed below, the employer may be subject to perjury.
- The first condition is that any employer who files for this certification must have an opening for a full-time and a permanent position., For any job openings that are part-time or temporary, this certification does not apply.
- The second condition is that the employer confirms to the department of labor that they have conducted a recruitment campaign to comply with the government’s regulations. This stipulation exists to ensure that no willing, able, and qualified American citizens are suited for this position. If a US worker is fit for this job during the recruitment process, then they can’t fill the PERM unless the employer proves that he requires multiple individuals for one job.
- The third condition is that the employer needs to prove to the department of labor that they rejected the United States citizen or the green card applicants they had based on job-related reasons. Regulations clarify that any applicant can be rejected or be deemed unqualified for a job if they do not meet the requirements put out by the employer and then only qualify for the job in the future after on-the-job training or after a reasonable period has passed. Employers should only mention objective and quantifiable skills to navigate these tricky waters when putting out the job.
- Lastly, it stipulates that the employer is willing to pay either the minimum wage or higher based on what is determined to be appropriate by the DOL.
Now that we know the basic regulations surrounding this certification, let’s get into the advertisement side. For any job positions that are either professional or nonprofessional, all employers must submit the said job to the SWA (State Workforce Authority) for 30 days. While doing this, the employer must also place an immigration ad in a newspaper that is currently in general circulation on two Sundays. Some flexibility is given when the job in question is in a rural area where newspapers can’t circulate or without internet access to place ads.
There should also be an internal job posting for ten consecutive business days, often referred to as Notice of Filing. In the case of a union position, the bargaining representatives should be given ample notice. Suppose the immigration ad put out by the employer does not contain information regarding the wage the employer is offering; the internal job posting should still contain this information.
Suppose the job offered is a professional one, typically the case for all EB-2 and three positions. In that case, there are specific additional requirements that the employment recruiters must meet. They include,
- Within the same newspaper that contains the mandatory Sunday advertisements or ads on a website, there must also be local and ethnic newspaper postings appropriate for the job.
- Employers site
- Job fair
- Job search sites beside the employer site
- Campus Recruitment
- Trade or other organizations
- Private employment firms
- Notice of job openings at campus placement offices
- Radio on television ads
- Employment referral programs
The employer in question must complete at least three of these activities within 30 days of posting their job with the SWA.
How to Write PERM Ads
As it is quite complicated to follow all the regulations laid out by the government for creating these ads, it might be helpful to work with an attorney or PERM labor certification advertisement experts that can better guide you in this multifaceted process.
These ads can be pretty complicated, especially when one is following the government-laid guidelines strictly. With the help of an advertising agency specializing in these advertisements, you can make the most of the job opportunities you are putting out for others and gain maximum traction.
So, do you need further assistance with your ads? Are you in compliance with our PERM ad checklist? Follow through once more to check if you have everything you need before reaching out to an expert for help.