The process for obtaining an employment sponsored green card or work visa falls under the PERM process. In terms of recruitment and advertising, employers or businesses must get a PERM labor certification. Before applying for this certification, there are many other things with the advertising process that must be in order first.
Employers who are petitioning for PERM advertising must wait 30 days to advertise. There are exceptions to this, but generally it applies to all businesses. In the 30 days before starting this process, the employer needs to place a job order with the State Workforce Authority. After this, they can place their ad. The job ad needs to be published in a local newspaper where it must run for two consecutive Sundays. It may be placed in other sources after this publication.
Employers may post the job internally so long as they give a notice of filing of at least 10 business days. An internal job post needs to have written expression why it is being posted under this type of recruitment. It should also have documentation with it that allows both residents and migrants to apply for the position.
For professional job listings that fall under EB-2 and most EB-3 positions, the job ad needs to be published in at least three other places. Among the places allowed through this process are job fairs, employment websites, trade organizations, or radio and television advertisements.
Finally, before the ad can be approved, it needs to have specific contents in it. This includes the employer’s name and contact information. Also, it must express the physical address of the job and where interest persons can send their application. This can be an e-mail address or a postal address. There must also be a sufficient job explanation.
Although the wage of the job need not be listed on the posting, if it is there, employers need to ensure it isn’t lower than the prevailing wage determination. Furthermore, the ad should have no discriminatory aspect with qualifications and should be open to both domestic and migrant applicants.
Employers need to keep in mind that the Department of Labor has strict guidelines for these advertisements. This means that all the paperwork and documentation needs to be kept from the whole process. Any receipts from newspapers or mp3 recordings of audio ads should be kept on file for at least five years in case of an audit.
Since this is a lengthy and time sensitive process, many employers use the services of a migration agent who specializes in these advertisements. They can help get everything in the right due order so it will be accepted straight away by the Department of Labor.
