The labor certification program for permanent migrant employees came into effect in 2005. The standards are based on a range of factors, including: a domestic worker is not able to fulfill the job requirements; the migrant employment will not adversely influence the US economic system; and the employer has met all the correct regulations and criteria to proceed with hiring a foreign worker.
When employers apply for this process, they must lodge an ETA Form 9089. This can be done electronically or via a National Processing Center. Employers need to file their claim directly with the State Workforce Agency and the Department of Labor. There is a lengthy form called the Application for Permanent Employment Certificate that must be filled out in detail.
For the recruitment process, there are many steps to follow. Employers must place ads for the job available for at least 30 days but no more than 180 days. These permanent labor certification ads must be placed in the local newspaper where the job location is and must be available here for two consecutive Sundays. The employer can post the job listing in other spaces as well, such as on the internet, on job boards, and through radio advertising.
The advertisement can be used for multiple job positions. It needs to contain the employer name, the address, a detailed job description, and how persons of interest go about applying for the role. It need not include the wage, but it if it does, the wage must not be less than the rate determined by the State Workforce Agency.
In certain cases, the employer needs to prove that the job is available at the time the migrant worker wants to enter the country. This can include showing documentation of the functioning business or placing the proposed worker on a payroll, besides having proof of wages available for the worker.
There are differences between professional and non-professionals roles which the employer must determine when filing for this program. Professional jobs are those that require a Bachelor degree or higher. For other positions, employers can recruit under the non-professional laws and requirements. There are lists of occupations that outline these available throughout the process.
For both types of roles, the advertising steps are similar, although there may be discrepancies along the way. The most important source of advertising is the newspaper in the local area. For rural jobs, it is acceptable to publish the job in a wider-circulating newspaper in a larger town closeby. For professional jobs, it is acceptable to publish on journals relating to specific occupations. Employers can use at least three other job sourcing spaces for the advertisement once it is approved.
