If you are looking to hire a non-U.S. Citizen worker for a position, you will need to pay close attention is you follow the detailed and involved PERM process. Standing for “Program Electronic Review Management,” the PERM process was established to help ensure that U.S. employers have ascertained that there are no willing, able, and qualified U.S. citizens for the positions before hiring a foreign worker for a job. Among the many requirements of the PERM process, the employer must successfully navigate and fulfill the PERM advertising process. You see, employers must properly advertise the position and seek qualified U.S. candidates prior to giving the job to a foreign worker. Let’s take a look at what is involved in the PERM advertising process.
PERM Advertising Process
The PERM advertising requirements demand that an employer makes documenting efforts strong enough to demonstrate that they conducted their due diligence in trying to find a willing, able, and qualified U.S. worker to fill the open job position. All employers going through the PERM process are required to place newspapers advertisements published in papers running on two different Sundays. Furthermore, the newspapers are required to be ones of general circulation that run in the geographic are where the job position is located. The ad itself must include the business name of the employer, instructions as to how applications should be submitted, and an overview of the position that provides enough detail that any potential applicant would have a good idea as to what is required of the job. Mitigating factors, such as job location, must also be included in the ad.
In addition to placing these newspaper advertisements, the employer is required to make use of at least three other types of recruitment services and provide documentation of this. Recruitment efforts may include:
- Advertising on the company website
- Job fair participation
- Posting on a job search engine
- Participating in campus recruitment events
- Advertising with a trade association
- Advertising with a professional organization
- Retaining the services of a private employment agency
- Giving a recruitment bonus to employees who find qualified candidates for the open position
- Television advertisements
- Radio advertisements
No matter what options you select to satisfy the PERM advertising requirements, be sure to thoroughly document the efforts you made. This will involve saving correspondence you have sent with various advertising opportunities. In this digital age, it will often necessitate taking screenshots as well. Make the effort to help ensure your advertising efforts are documented so that they can be used as solid evidence that you have satisfied the PERM advertising and recruitment requirements.
It is also important to remember that employers are required to place a job order with the relevant State Workforce Agency. The job order must be placed with the state workforce agency that is in the state in which the position is located. Once placed, the job order must run for thirty consecutive days. This includes weekends.
Immigration Law Attorneys
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family members or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com or call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.