As late as 2014, the United States immigration population reached a total of approximately 26 percent of all the people living in this country. About 47 percent of these international persons are naturalized citizens, meaning they now have the same privileges as persons born in the U.S.
Millions of other immigrants in the U.S. are also here as a lawful resident or have a temporary work or education visa. All temporary and permanent statuses affect employment eligibility, which is one reason why employers usually are expected to pay careful attention to how PERM advertising is worded.
An Overview of Employment in the U.S.
Since 2005, U.S. employers have had the opportunity to enhance their skill set by way of a new immigrant hire program. This, of course, is pending the legalities pertaining to whether or not international persons have the right to work in this country. It also is contingent upon a business’s legal right to operate within U.S. borders.
Many aspects of PERM advertising concern the assurance that employment opportunities are legitimate. This verification usually is completed during the time in which an employer files for permanent labor certification status. For instance, descriptions found within official State Workforce Agency job orders must provide the following information:
- Details of job duties expected by employee
- Reasonable salary disclosure as set by the National Prevailing Wage Center
- Contact information of employment recruiter
- Qualifications and educational requirements of open positions
- Any other vital employment info as required by the U.S. government
The Department of Labor, the Bureau of Labor Statistics, and similar agencies are the entities that oversee foreign worker operations. These government departments along with the SWA and other state and federal organizations provide verification of what PERM advertising should contain. Usually, the information provided in job orders is expected to be as specific as possible. These details about open employment positions are usually comparable to what is listed on the DOL website for similar occupations.
Wage fairness for both domestic and international employees is also governed by the DOL and related agencies. This includes making sure all opportunities are “real” rather than fraudulent and guiding employers in a way that prevents future legal trouble come time to hire foreign workers.