In order for immigration labor advertising to be official and within the rules set by the Department of Labor in the United States, there are many steps employers must take. The DOL have a set list of minimum requirements that employers first need to be aware of. Once these are understood, a job description needs to be written in compliance with them.
When reviewing job descriptions, the DOL will look out for things such as:
- The industry that the job is in
- The qualifications of the foreign employee
- The advertising method of the job
- Whether or not it complies with recruitment standards
- If all the information is accurate and up to date
A good step that employers should take is to get an attorney. A legal attorney can help the process of sponsoring an overseas worker and make sure that all the advertising standards are met in order to get PERM certification. Having an attorney can save a lot of stress and hassle in the long run.
Before the recruitment begins, the employer needs to file online with the DOL. This is where all the information will be kept during the advertisement process. This information needs to be thoroughly kept up to date and all documents accurate. The DOL audits up to 30 percent of advertisements during or after the process, so it is in the employer’s best interest to present true and accurate information at all times.
The job description needs to be thorough and detailed. It should list clearly all the expected tasks and duties of the role. It should also mention what degree, qualifications, or skills the employee is expected to have. The wage doesn’t have to be listed, but if it is mentioned, it must be in accordance with the prevailing wage determination. An attorney can help make sure this is accurate.
The DOL asks for a strict set of criteria before granting PERM certification. This can be a frustrating process for employers so they need to make sure they are committed to hiring and sponsoring a foreign worker. Furthermore, the job must still be advertised to internal local and domestic workers.
To help to keep this process simpler and run smoothly, making the most of an attorney is recommended. They are the ones most up to date with immigration laws and understand how the labor system works. Their specialized knowledge can make the life of an employer much easier during this process. Be sure to research the skills and knowledge of an attorney before agreeing to their conditions.