The PERM process can be difficult to navigate. The requirements are specific and many. For many, if not most, employment-based visas and green cards, the sponsoring employer is required to obtain PERM labor certification from the U.S. Department of Labor (DOL). A major part of the PERM process is the advertising requirements with which the employer must comply. The extensive advertising requirements are in place to help ensure that any qualified and available U.S. worker is first notified and given the chance to apply for the job prior to hiring a foreign worker for the position.
PERM Advertising Requirements for Employment
The PERM advertising requirements are detailed, to say the least. There are many steps that need to be taken and there are many things that must be accomplished. Failure to complete the advertising in a satisfactory manner may result in being subjected to a targeted audit by the DOL. An audit may not only cause a substantial delay in processing time but could result in denial of labor certification. Knowing what the PERM advertising requirements for employers are is the first step to successfully complying with said requirements and moving on to a successful visa or green card application.
Employers must place a job order with the relevant State Workforce Agency (SWA). The job order should have the same information contained in advertisements for the job position. Once placed, the job order must run for a minimum of 30 consecutive days. Weekends are included. The employer should request that the SWA refer any potentially qualified job applicants directly to the employer.
Additionally, employers are required to place ads for the job in newspapers and/or professional journals. More specifically, an employer must place a job ad in two Sunday editions of a local newspaper that is widely circulated in the intended job location. To comply with PERM advertising requirements, the newspaper ad should include the name of the business as well as detailed instructions as to where applications should be sent. The ad should also include an overview of the position as well as other relevant job information such as where the job is located and whether travel will be required of the position.
The employer must also make an internal job positing about the available position. Otherwise referred to as a notice of filing (NOF), the internal job posting is to be posted for 10 consecutive business days on the physical premises of the company. The NOF must contain information such as a general job description and compensation. It must also contain contact information as to where resumes should be sent.
Finally, an employer must select three additional recruitment methods to get the word out about the available job position. Additional recruitment methods may include posting an ad on the company’s website or participating in a campus recruitment event. Posting an ad in a local newspaper may also qualify for an additional recruitment method as would participation in a job fair that is likely to bring in qualified job applicants.
Immigration Law Attorneys
As you can see, the PERM process has extensive and specific requirements. These are just the requirements that relate to advertising the job. There are other things that must be taken care of in order to successfully navigate and complete the PERM process. For help with the PERM process, the team of trusted immigration attorneys at Nachman, Phulwani, Zimovcak Law Group, P.C. is here to help. Contact us today.