Before an employer tries to find a foreign worker, they have to have place ads in a Sunday newspaper that target United States workers. This recruitment notice must be available to the general population preferably in the newspaper with the highest circulation. If no U.S. worker is found, then the employer can begin immigration labor advertising and apply for foreign permanent labor certification.
Domestic First, Then Immigrant Ad Requirements
Along with placing an ad in the local newspaper, an employer must file a State Workforce Agency job order. The ad and job order must both must contain vital information such as qualifications required and duties expected of an employee if that worker were to fill an open position.
Other requirements employers must comply with include as follows:
- “Help wanted” ads must be posted where eligible U.S. workers can access them before recruiting foreign workers.
- Recruitment of U.S. workers must be completed in at least 30 days but no more than 180 days before filing for PERM labor certification.
- Details of job duties and qualifications needed to fill jobs must match what is listed on the Bureau of Labor Statistics, U.S. Department of Labor and other related sites.
- Wages for open positions are determined by what is set by the National Prevailing Wage Center and related agencies.
- A Notice of Filing for PERM certification must be posted in prominent places at a workplace (i.e. a notice placed in a break room near the health and hourly wage posters) for 10 business days.
Information about U.S. job opportunities are usually found not only in local newspapers but are also typically found online on state job center sites. If not enough U.S. workers are available, then it is time for the employer to find a company to fill that that position with foreign workers if they so desire.
Filing an ETA form 9089 online is the fastest way to complete the PERM application in order for an employer to be approved to hire international employees. This is done by way of a secure application provided by an eligible National Processing Center. Concerning the legitimacy of open positions, the Department of Labor usually provides necessary documentation to verify job descriptions.
