Are you looking to sponsor someone for a work-based green card? If you’re interested in hiring a foreign employee, you’ll first have to file a PERM, otherwise known as a program electronic review management labor certification. This application will give the department of labor all the evidence they need to prove that you will give your new worker fair pay and that you aren’t depriving US citizens of work. If you’ve never gone through this process before, a successful application may seem straightforward. However, there are several requirements that must be fulfilled, and filing for this labor certification and being successful in this endeavor is trickier than you might think.
If you’ve never submitted an application or don’t have experience in posting immigration ads, this entire process can be frustrating and difficult, not to mention time-consuming and expensive. But with the right help and knowledge of good practice, you’ll be able to navigate your campaign successfully and with few obstacles. Hiring an agency that specializes in permanent labor certification ads is a considerable asset, but you should also have an understanding of the process and the standards required to see your hiring effort come to fruition. Without further ado, here are the best practices you should consider during your PERM advertising campaign.
If successful, your certification must remain valid when the immigrant employee in question receives their permanent resident card. It’s important to remember that depending on their country of origin, it could be years before they see their green card. Some nationalities can receive a green card in under a year, if not immediately after the DOL approves the labor certification. Employees of other nationalities might have to wait years — in some cases, nearly a decade — to receive permanent resident status.
On your application form, you’ll need to give the DOL the job title, worksite location, duties, and the offered salary. You’ll also need to provide more elaborate details pertaining to your foreign employee’s position — this includes a well-estimated wait time for the employee’s green card, as well as any potential changes to the offered role.
Job Duty Changes Are No Joke
The DOP combs through all labor certification applications thoroughly. No detail is too small, so don’t make any assumptions or generalizations when you’re writing your application. Perhaps one of the most important pieces of information you’ll need to give is the specifications of the offered role. You’ll need to provide as much detail as possible about the role in question to prove to the DOL that no American citizen could fulfill your requirements and that only the migrant worker has the expertise to perform the role.
Changing the requirements of the position could alter the DOL’s perspective on your application. Any changes in title or job duties will be reassessed by a member of the department. Additionally, they’ll investigate whether your new hire will be able to fulfill these duties successfully.
Be Diligent About Refiling
Job duty changes aren’t all you’ll need to consider after you’ve received a certification. Other changes will also create cause for reassessment by the DOP as well. These include promotions, salary increases, or relocating your foreign employee. If you do any of these things, your filed certification could become null and void, since the circumstances of your employee’s position have altered from the initial filing. Under any significant changes, you’ll need to file once again.
For example, if you decide to sponsor a migrant worker to work at your office in Miami and later relocate them to Orlando, you are effectively rendering your initial immigration ads inaccurate. This change might have been offered under good intentions — the new office may provide your hire with a better work environment or more resources to help them do their job. However, the DOL might question whether there is an American citizen close by the second office location with the same credentials to successfully do the job.
Of course, you might be able to defend your choice and prove that your employee is still the most eligible person for the job, regardless of the relocation. However, the easiest thing to do is keep any major changes to a minimum and stay in the DOL’s good graces during the filing process.
Don’t Offer What You Can’t Pay
In your PERM advertising, you must offer a fair wage. Furthermore, you need to be able to afford this salary and provide proof to the department of labor. That this new salary won’t put strain on your business operations. Large corporations are able to do this with ease, but smaller businesses have less capital to work with and often experience more drastic highs and lows. In this case, you’ll need to give the DOL substantial evidence of your competence at the beginning of your application. After certification and during your employee’s permanent residence application, your ability to keep up with salary payments will be inspected by the US Citizenship and Immigration Services.
Steer Clear From layoffs
The DOL will inspect your business history — typically back to the last six months before you submitted your application. Any bumps or signs of financial issues could impact the outcome of the PERM advertising process. Your filing could be affected negatively if you’ve recently laid off an employee at the same worksite at which you wish to hire your foreign employee. Additionally, any layoffs related to the job title you’re recruiting for are also a red flag in the eyes of the DOL. Finally, if anyone you’ve laid off is an American citizen or a green card holder, the chance that your application will be denied raises considerably.
If any of these things have happened recently, you’ll want to wait at least six months or give evidence that you notified any qualified laid-off worker about the new position and seriously considered them prior to your campaign.
Keep all of these tips in mind, and you’ll have a clear view of what to expect when posting permanent labor certification ads with your hired services. Do you have any questions about immigration ads? Contact your local services today.