Special rules govern relationships between United States and international employers and employees. This includes the requirement to disclose any familial connections established by blood, adoption or marriage. Companies in the process of applying for PERM labor certification who are also in need of help with immigration labor advertising often have to reveal familial relationships.
Examples of Family Relationships
Sometimes, companies have spouses, aunts, uncles, children or in-laws who still live outside the U.S. The same is true of step-families and grandparents, cousins or other close relationship. Determining this will establish the availability of specific types of job opportunities to persons desiring to cross U.S. borders.
Family relationships within companies includes those between employees of all levels. For example, owners, partners, CEOs, stockholders and corporate officers often have relatives living in other countries. They are expected to reveal this information when completing the ETA form 9089 in response to Question C.9.
Family and Bona Fide Jobs
Some employers might be afraid to reveal connections with family for fear of losing the chance to hire relatives from other countries. However, it depends on the occupation of worker requested. It also depends on whether or not a company proves it would benefit from hiring foreign versus domestic workers.
In any case, the requirements for determining what is a bona fide employment opportunity includes the following criteria:
- Recruitment ads were placed to notify U.S. workers of new opportunities.
- A Notice of Filing for PERM certification has been posted at the work site.
- Recruitment ads and NOF took place within 30-180 days of filing for a PERM certification.
- No suitable U.S. worker could be found for the position during the recruitment period.
- Rules concerning family relationships set by the U.S. government are honored.
- Job orders submitted within the State Workforce Agency represent a “real” not fraudulent job.
- Occupation descriptions match what is on the DOT, BLS and similar dot Gov sites.
The process of understanding laws concerning the foreign workers will take some time. Oftentimes, turning to a media agency who has an understanding of how immigration labor advertising works helps. Sometimes, marketing agencies have PERM legal knowledge that can prevent employee/employer lawsuits, jail, fines, deportation and more.
