The Immigration Labor Advertising Campaign must be appropriate designed for both professional as well as non-professional jobs. Before moving to the next stage of applications, all employers must comply with the PERM recruitment and advertising regulations.
Employers must initiate the PERM process with the good intention of acknowledging all resumes submitted by applicants for the job. The PERM process will be terminated if the employer does not find the minimum qualified U.S worker to fill the position. A new process can begin after six months.
What is PERM?
The first step in the 3-stage greencard process is PERM (Program Electronic Review Manager). This allows permanent residence status to be obtained. The PERM labor certificate must be obtained from the U.S. Department of Labor. This is required for many employment-based green card applications and work visas.
The PERM advertising process can be complex
These procedures ensure that U.S. workers are not deprived of jobs by ensuring that no employer abuses the immigration system. Therefore the U.S. companies and employers must prove that they could not find the able/willing/qualified/available U.S. workers to fill the position available to them to utilize the services of foreign nationals. The DOL would require them to submit a PERM labour certificate.
Although this may seem like an easy task, obtaining this certificate is complex and requires many formalities and guidelines. The recruitment and advertising of immigration is complicated. A targeted audit can be used to delay the green card or visa process of the employee if the procedure is not done correctly.
Some audits must be done. Our top five tips will help you to create successful PERM recruitment ads.
Calculate the wage rate
Before you can proceed, it is important to determine the wage rate applicable to the position. The DOL determines the wage rate applicable to each position based upon the location. Employers must adhere to these rates.
Employers must ensure that their PERM recruiting ads do not display a lower wage than the rest. This is especially important for the Notice of Filing during the recruitment process.
The Top Things to Remember
When preparing your immigration advertisement campaign, make sure you have all the details right. There are many factors at play for applicants. Here’s a quick overview of the top things to keep in mind when planning a PERM advertising campaign.
- Get to work on the details
PERM is a complex program that requires a lot of attention. While things may look perfect when viewed in the larger context, a closer inspection will uncover minor errors. It is a good idea to have multiple people look at the advertisement before it is submitted. This will help reduce the chance of the DOL objecting to it.
Verify that the address and name of the job are current. To launch your ad, you must make sure that these details are correct and up-to-date. If they are not, it will delay your process further due to DOL rejection.
- Take a look at the Time-Frame
The PERM process can be very time-sensitive. Because the campaign can be affected if the ad is not active on the correct date, it will likely be stopped. It can delay the ad for several weeks if there is an error in the category, or typing errors, and it could cost you your money.
All ad procedures must be completed within the time limits. To avoid being bumped into the next week’s paper, post your online jobs as soon as possible.
- Choose the right job category carefully
Placement in the right category is important, regardless of whether you place your ad through a company website or in a newspaper. You should take the time to determine which Immigration Labor Advertising category best suits your job. It can be difficult to decide which category of Immigration Labor Advertising you want. Not all job sites or newspapers have classified sections. You should review each option before posting your ad.
DOL has 12 options available, two of which must be chosen. It is easy to get lost in the maze of choices. You should consider all options, including those on the company’s website, trade/professional journals and radio stations.
- Find the right publication
Although you may have created a lot of PERM recruitment ads that were very popular, placing them in the wrong publications could ruin all your hard work. To limit the number of applicants they can question, petitioners often place ads in the wrong publications. This is a sure way to be in trouble with DOL.
The DOL criteria that you should not hide or overexpose your job posting would be the best. To stay informed, you should also keep track of all data. This is especially important if you place your ad on the local newspaper.
- Don’t set unrealistic job requirements
DOL reviews employers and companies that post unrealistic job requirements. This is because they are often not accurate to the requirements of the role, and it is difficult for U.S. workers qualify for. DOL will likely launch an audit to investigate such red flags.
Do not make such requirements too complicated or unrealistic. DOL will assume that you are trying to stop U.S. workers applying for jobs, such as foreign language proficiency for a marketer, or 24/7 on-call requirement of a computer engineer, etc.
After Advertisement, PERM Recruitment
After the PERM recruitment advertisements are published, you must interview all applicants who meet the requirements. If you reject a U.S. citizen applicant for any reason, make sure to note it in your report. It is necessary to include a legal and non-discriminatory reason.
Employers have 180 days to file the labor certification application. The ETA 9089 form should be submitted 30 days prior. To avoid complications, consult an immigration attorney.