Immigration Labor Advertising campaign needs to be appropriately designed for both professional and non-professional jobs. All employers need to fulfill the PERM advertising and recruitment regulations before moving on to the next step of applications.
The employer must begin the PERM recruitment procedure with the good faith of acknowledging the resumes of all applicants who will apply for the position. If the employer finds the minimum qualified U.S worker for the job, the PERM process will come to an end, and the new process can be initiated after six months.
What is PERM?
PERM (Program Electronic Review Management) is the first step of the 3-stage green card process to attain permanent residence status. Many work visas and employment-based green cards require immigrants to obtain the PERM labor certificate from the U.S. Department of Labor (DOL).
PERM Advertising procedure can be complicated
These procedures ensure that no employer exploits the immigration system and deprives U.S. workers of potential jobs. 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. They would have to submit a PERM labor certificate to the DOL.
This might seem an easy task to do, but acquiring this certificate is a complex matter and has numerous formalities and guidelines to be fulfilled. Immigration advertising and recruitment procedures are complicated. If the procedure is not conducted properly, it can face a targeted audit delaying the employee’s green card or visa procedure even more.
Some audits are mandatory, considering our top five suggestions will help you create successful PERM recruitment ads.
Determine the Wage Rate
Before moving forward, the first thing you need to do is determine the prevailing wage rate for the offered position. DOL specifies the wage rate for every particular position based on the location, and the employers have to abide by these rates religiously.
The employer has to be sure that their PERM recruitment ads display a wage not lower than the remaining rate. This is specifically significant for the Notice of Filing in the recruitment process.
Top Things to Remember
While preparing your immigration advertising campaign, consider the details with accurate details because there’s a lot at stake for the applicants. We provide a quick rundown of top things to remember when planning a PERM advertisement project.
1. Work on the Details
PERM is an extensive program that requires immense attention to detail. Things might seem perfect in the bigger picture, but analyzing the minute details will reveal minor mistakes. Therefore it is always advised to let multiple eyes take a look at the advertisement prepared, which will reduce the chances of getting objected to by the DOL.
Check whether the name, address description of the position, and other such details are correct and up-to-date or not. These essential details are most apparent to get overlooked to launch the ad delaying your process even more due to rejection from DOL.
2. Consider the Time-Frame:
The PERM process is highly time-sensitive. The ad needs to be active when the position is still considered valid because the moment the ad runs off schedule, the chances are that the whole campaign will be compromised. If any error has been found for the category or the typing errors, etc., it delays the ad by several weeks, with your precious money going down the drain.
Make sure that all ad procedures are performed within the acceptable time limit. Post your online jobs at the earliest possible time and be aware of the newspaper deadlines to avoid getting bumped into the following week’s paper.
3. Pick the Job Category Carefully
Whether you decide to place your ad in a newspaper or through a company’s website, placement in the correct category must be carefully considered. Take your time to decide which Immigration Labor Advertising category is right for your job. This can be a difficult task because not all job posting sites and newspapers offer classified sections; therefore, you need to review each option and post your ad in the nearest possible option.
DOL offers a list of 12 options to choose from (two of which are mandatory), so it is easy to get confused about which option to go for. Consider your options on all platforms, from the company’s website to trade/professional journals, radio stations, and job search websites as well.
4. Find the Right Publication
You might have created blasting PERM recruitment ads, but the placement in the wrong publications can ruin all your hard work. Many petitioners place their advertisements in the wrong newspapers to limit the potential applicants they need to question, which is the sure way to get in trouble with the DOL.
It would be best to balance the DOL’s criteria of neither hiding nor overexposure your job ad. Moreover, don’t forget to keep proper track of the data to stay informed. This step becomes even more crucial when you are placing your ad in the local newspaper.
5. Do Not Set Unrealistic Job Requirements
DOL evaluates employers and companies to post unrealistic job requirements that are not true to the minimum requirements of the role and is impossible for U.S. workers to qualify for. DOL considers such points as red flags and is likely to launch an audit considering them as suspicious recruitment tactics.
Avoid such specifications that seem too obvious or unrealistic in general. Points such as foreign language competency for a marketer or 24/7 on-call requirement for a computer engineer etc., make DOL assume that you want to restrict the U.S. workers from applying, triggering the DOL audit.
PERM Recruitment after Advertisement
Once the PERM recruitment ads are launched, you will have to interview all candidates who met the requirements. In case of rejecting the U.S. citizen applicant, document the reason in the report. You need to add a lawful and non-discriminatory reason.
The employers get 180 days before filing the labor certification application and should be completed 30 days before submitting the ETA 9089 form. Consult the immigration attorney to fulfill proper legal procedures to avoid any complications and wrong moves.
