As an employer, especially one that is seeking a new employee for a niche position, selecting a foreign national for employment-based work visas or green cards requires filing a Program Electronic Review Management (PERM) for your permanent labor certification ads. This is completed by working with the U.S. Department of Labor (DOL). However, there are specific requirements that they require and being punctual is the key to having job advertising success. This process must be conducted because the job position cannot adversely impact the U.S. work market by displacing qualified U.S. workers.
Imigration labor advertising and certification ads are anything but intuitive. The process involves technical expertise, expense costs, and time-consuming steps in combination with tight deadlines and regulations. However, it isn’t as cumbersome as it may initially sound. The Department of Labor ensures that potential employees do not take on a huge financial burden of these applications. Although, from an employer’s point of view, they must take the time to understand key features prior to commencing the immigration work process. Before action is set into motion, here are a few factors to consider before hand.
It could take an extensively long time before a prospective foreign national employee receives their work visa or green card. During that time, as an employer, you will want the work certificate to be valid when the time is right. When advertising for a job position, and imigration labor is a factor, taking a step back to see the ultimate expectation and outcome for the long process will put a lot in perspective. Essentially, a foreign national employee will not only have to be qualified, as put forward by the permanent labor certification ads at the time their valid visa but the time frame is dependant on several factors. The employee’s place of birth and the type of position (professional or nonprofessional) are all determining factors for how long a PERM certification can last based on these personalized factors.
How can a PERM certification be valid for many years without facing any roadblocks? A change in job title and duties can diminish the validity of the process. The only feature to not affect any documents is changes in wages. Any key changes to job advertising will require a new application. This includes adding new duties to a position, or removing and replacing. For example, if an foreign national employee is promoted while awaiting certification, a new PERM application may have to be submitted.
Providing proof of consistent pay is vital for the DOL. Being able to prove the ability to pay the offered salary from the date the PERM is filed until the employee obtains permanent residency is a major factor to consider, especially for a small business. For large companies, doing this task should not pose much of an issue. However, smaller operations may not have that ability in the budget at the right moment. Most importantly, it is the employer’s responsibility to demonstrate its ability to compensate when the application is submitted. Therefore, as a business, think carefully if this is a financial endeavor that can be carried out.
For most employers, the simplest way to demonstrate their capability to pay the offered salary is create a legal contract for the employee and continue to pay them what is offered, or higher. If the employer does not give out compensation that was initially offered, there will be alternative documents requested by the DOL. Evidence of ability to pay can come from several sources. They include federal tax returns, audited statements, or a signed letter by the companies CFO.
For employers, it’s important to be aware of any recent layoffs in any departments of the company. The time frame for this is about four to six months, or plans to conduct layoffs in the next six months, which can pose as a threat for the certification. Speaking to an agency or law firm that specializes in this field will have immigaton advertising and PERM certification ads for consultation.
For a layoff to affect the process, the employment dismissal will have had to occur in the relative time frame of the intended employment as the PERM position. Or, the laid off position will have a silmari relation or role to the new position that is being filled. Other than these two factors, lay offs should not have an effect, but staying vigilant about the dismissal process in your company will make the entire operation run more smoothly. This can be avoided if the employer reviews the history of layoffs in recent years, and performs an analysis before partaking in the recruitment campaign.
Be Aware of Changes
As mentioned earlier, changes in a job description can make the certification no longer valid. This includes promotions, salary, and even a new location of the position. The pre-filed PERM may need to be resubmitted entirely if there are any changes, and sometimes this is beyond an employers control. To avoid this mishap, the worksite, duties, wages, and other key details should be consistent throughout the process and are designed in a way that they do not need to be adjusted for a lengthy period of time.
Lastly, a change that can be detrimental to the PERM position is if a U.S. applicant applies, the entire process must come to a stop. Remember, the point of this is to give all U.S. workers a fair chance first, and if a certified U.S. applicant comes along, the ad may have to be tossed out. Be mindful of these changes in description, and in those who are applying before submitting a PERM.