Are you looking for help ensuring that your immigration employment advertisements are developed and posted according to law?
The employer sponsoring the PERM position must be clear about experience and qualifications in accordance with the DOL’s “minimum requirements” rule in the sense that the job can be performed competently.
When you first post the job, you need to understand the duties of the position in relation to the PERM specifications. You need to develop the job description according to certain regulations, and know that the job qualifications fit certain specifications as well.
Some things that will be considered by the DOL in the review include:
- The type of industry the job is in
- The foreign employees qualifications
- The way that the job is advertised
- Compliance with recruitment
- Accurate and up to date documentation
Find an Attorney
As you agree to sponsor an applicant for labor certification you will need to find a legal attorney to help you fill out the application and collect the required information. This process will ensure that the job recruitment advertising and other recruitment steps are completed following specific procedures.
File Online
Before you start the recruitment process you will have to go online and file, then you will have an account. From hereon in, much of the documentation and other procedures will be filed using that online account.
Job Description
Via a collaborative process, the attorney and employer will review the specific job description and requirements for the position. They will also need a “prevailing wage determination” in order to declare that fair wages are being offered.
Recruitment Activities
Once the job description is finalized, there will be a recruitment plan developed through a specific set of processes. Each step must be thoroughly documented by the employer in order to show due diligence with respect to fair hiring practice–namely that they must look for qualified US applicants first.
The application will be filed with the help from an attorney to the USCIS and the USDOL, and if the DOL agrees that the process was undertaken correctly, they will approve the application.
Audits
Similar to a tax audit, on occasion, the USDOL will select an application for further review if it appears suspicious. Occasionally this will happen randomly. This means that an employer will have a month to submit further documentation and if they do not comply, they will be denied.
When an employer submits their documents for review, the USDOL might do one of three things: certify the petition, deny it, or suggest supervised to the employer that they undergo a recruitment process in a supervised way.
If you are in the Bay area and are looking for more details on PERM advertising requirements, contact Ad Club today.
