When it comes to a company opting to hire a foreign national, there are some steps they must follow to do it by the law. The goal is to ensure that no American worker gets displaced by a non-native citizen.
The PERM process can be incredibly convoluted and involved. If a business has any questions on whether or not they are doing the process correctly, they are encouraged to talk to a professional. Below is a basic overview of the steps for PERM advertising requirements in the Bay Area.
Step One
When the business is ready to post their open position, they must place three specific announcements. One will be a job order with the workforce agency run by the state, and two will need to be posted in the Sunday edition of a general circulation newspaper. There are also three additional ads that will need to be placed. These options are available out of list of 10 ways to accomplish this task.
1. Place a job posting on their website
2. Recruit at a job fair
3. Develop an employee referral program
4. Recruit on college campuses in the area
5. Advertise on online job board sites
6. Advertise the job on TV or the radio
7. Post the job with a local college’s campus placement office
8. Advertise in trade publication
9. Place an ad in an ethnic or local newspaper
10. Post their position with a private employment firm
Step Two
When an employer receives resumes or applications pertaining to the position, they must review all of them to see if they are qualified for the position. If they can’t be disqualified, they must be contacted for an interview. The hiring manager must develop and keep detailed records of each resume that is received, the interviews that are conducted, and the reasons why an applicant gets rejected.
Step Three
After the recruitment period has ended, the company fills out ETA Form 9089, which is submitted electronically to the Department of Labor. This form includes questions about the procedure used during the recruitment, the education and work experience of the foreign worker, and job requirements, position title, requirements, and other details.
After the Department of Labor approves the application, the company can file a visa petition on Form I-140 with the U.S. Citizenship and Immigration Services. Once that has been approved, the non-native worker can then obtain a green card to work legally for the company that hired them.
The process and steps for PERM advertising requirements in the Bay Area can be incredibly complicated. To ensure a business is following the rules, it’s probably best to work with professionals who encounter and deal with this type of job posting on a regular basis.
