Sometimes, an employer or organization fails to find the right candidate for their position in the U.S. It could be because of the unique skills and qualifications required for the job. These situations can be difficult to handle. One way is to search for a qualified candidate from abroad.
An employer must first complete the appropriate recruitment steps for the vacant position before submitting the Program Electronic Review Management for labor certification.
It is a difficult experience because of the strict government regulations and laws regarding immigration labor advertising. The Department of Labor (DOL), requires that organizations and institutions adhere to certain immigration advertising procedures in all their campaigns.
Proper regulations must be followed for both professional and non-professional positions.
Things to do before you start the Immigration Advertising process
Employers must not only create an effective ad, but also place it where it is needed. These forms are typically handled by an enterprise’s Human Resources department. However, if your internal team is not familiar with the procedures, they can help you to file the correct forms.
The first step in obtaining a PERM labor certificate from the DOL for a work visa or employment-based green card is to obtain the PERM labor certificate. This process requires extensive PERM advertisement. These procedures ensure employers do not take advantage of the immigration system and offer potential jobs to non-citizens for compromised salaries.
The DOL may target an audit if they suspect that your advertising process was not properly completed. This could cause significant delays in the processing of your employee’s green card or work visa application. Although audits can be unavoidable due to their random nature, strict adherence to the PERM advertisement procedure will greatly reduce the chance of being targeted by DOL.
Calculating the Prevailing Wage
Determine the remaining market wage rate for the vacant job. The US Department of Labor predetermines the rate for your specific job and geographic location. The government can easily target you if the wage rate is lower than the limit, which could lead to costly delays.
Low wages are considered red flags as they can be used to lure non-citizen workers into the job. Find out the current wage in your area for that specific job and determine the salary.
SWA – Job Order
All immigration ads require that you place a job order with the appropriate State Workforce Agency (SWA) for the position. You must use the SWA for the state where the job is available, not your company’s headquarters. This requirement is met by job orders that are valid for at least 30 calendar days. U.S. citizens will have a 30-day wait period before they can apply for the job.
How do I file an Immigration Advertisement
Immigration ads are a lengthy process that requires a lot of documentation. This is to prove that the employer was responsible for finding the right US citizen for the job. As the process takes between 30 and 180 days to complete, an immigration ad can be lengthy. Before submitting the PERM ad, the employer must complete the recruitment steps.
Types of Ad Placements to Compete with the PERM Advertising System
Employers place the ads in newspapers that are published on separate Sundays. These ads appear in general circulation newspapers in the region where the person is to be employed.
Employers must provide documentation to support the claim that the job was advertised in newspapers. This job ad must be posted in other places, such as radio advertising and on campus publications.
Final steps include obtaining the resume and keeping a record of all payments and contracts. The following steps can be used to place an ad:
* Search for jobs
* On-campus recruitment if the job doesn’t require experience
* Academic publications or trade journals
* Ethnic and local newspapers
Advertisements must comply with the State Workforce Agency’s (SWA) requirements.
How do you create an immigration labor advertising?
Get an attorney:
Expert lawyers assist with creating a description of the ad that isn’t too long or too short. Instead, it conveys a balanced message. Expert attorneys also help in selecting the appropriate language for your ad.
Do not limit the criteria.
Certain positions may require technical or specific skills. However, it is not wise to limit the ads to those who might be a good match for the job. All details and requirements must be included in immigration ads.
It is important to include or communicate information that is concise but informative. You will need to reduce the amount of information you include in your ad and use abbreviations that don’t compromise the overall purpose.
An agency that specializes is immigration advertising is the best to avoid long ads and unnecessary costs. This allows you to quickly identify the correct abbreviations, and reduce the boring ads.
Search for a PERM advertising agency that is experienced
The PERM recruitment and advertising procedures can be time-consuming and complicated. A single error could even make the process more difficult. Employers and organizations require the assistance of attorneys and agencies to help them with the placement of PERM ads. This regulation must be followed.
Advertising agencies help in the preparation of the documents within the specified time frames. This includes resume collection, ad placement proofing and quoting.