When it comes to placing a posting for employees who are not originally from or citizens of the U.S., there is a certain way companies have to set up their immigration job advertising in the Bay Area. This process can be tedious and difficult, but it’s important to follow the steps so that the company doesn’t get into trouble with their hiring practices.
There are different requirements in place depending on whether or not the position being filled is a professional or a non-professional position. Below are some of the steps each job advertisement posting has to take.
Professional Position
Mandatory placement in two print publications, particularly two different Sunday newspapers that have general circulation in the area where the hiring will take place. If the position requires an advanced degree, instead of posting in a newspaper, the company may choose to advertise in a professional journal. The recruitment steps must occur for at least 30 days but for no more than 180 days.
● Additional steps include participating in three of the steps listed below.
● Posting on the company’s website
● Attending job fairs or holding their own
● On-campus recruiting
● Posting on other websites
● Using professional or trade organizations to post in newsletters or other publications
● Using placement agencies or private employment firms
● Developing an employee referral program and incentives
● Creating placement offices on college/university campuses
● Placing ads in ethnic or local newspapers
● Creating ads for radio and television
Nonprofessional Positions
The employer has to advertise their position in a general circulation newspaper for two different Sundays. The post must include the name of the employer, where applicants send their applications or resumes to, a job description, the geographic area where the position will be conducted, the wage rate (which can’t be below the current prevailing wage rate), duties that are listed on the ETA Form 9089, and no wages or terms/conditions of employment can be included that are less favorable than what are offered to immigrant applicants.
There are a variety of other stipulations, rules, and regulations that a business has to comply with when posting employment opportunities for people who are not U.S. citizens. It can be confusing and involved to comply with all the rules, so it might be advisable to have some outside help. Many employment agencies or ad employment agencies should be able to help with these needs.
Finding the right person to fill a company’s vacant position shouldn’t be limited because of citizenship status. There are a variety of positions that anyone in the world can do, but there are certain ways to conduct the advertising and hiring process. Knowing what those rights and responsibilities are is important.
