Posting an employment ad looking for employees who are not U.S. citizens requires a few more steps than just creating a job description and then posting the information online or in a print publication. To ensure fairness and that the best people are getting hired for the job, companies have to comply with a variety of regulations and rules. These are things an employer will have to keep in mind when developing immigration ads in the Bay Area.
The first deals with job duties. A business can’t post a position with job requirements that aren’t normally used within the business — unless they can show that this position is needed and essential for the business to be successful.
Businesses also can’t include foreign language requirements unless it is justified as a business necessity. If the nature of the occupation requires the applicant to have a variety of different language skills, such as being a translator, then this requirement is justifiable. It can also be justified if the employee needs to communicate with contractors, customers, or others who do not communicate efficiently or effectively in English.
A foreign language requirement can also be included if the company decides to have the employee do their job in a foreign country where English isn’t communicated effectively. Or, if the job cannot be accomplished efficiently by the majority of people the employee will be in contact with during normal business transactions.
The business must present their actual minimum requirements, which is evaluated by the Department of Labor. These include that the employer can’t hire workers who have less experience or training for the position they are applying for. If a company wants to pay to have non-native employees go to school for training, they must offer the same opportunity to domestic workers.
The working conditions for non-native applicants must be normal for the industry and the area. They cannot be expected to go into harsher or more dangerous conditions than a U.S. citizen would be expected to go into. If these conditions are not met, the company could find themselves in a lot of trouble.
If there are live-in requirements for the position being posted, which are acceptable mainly for domestic service workers, the company has to show that this requirement is essential for the job duties and that there is no other cost-effective alternative.
Developing immigration ads in the Bay Area can be a confusing process. If done incorrectly, the business can find itself in a lot of trouble. Getting the help of a professional to tackle this task is recommended. They often know the best way to develop job posts that are within the rules and regulations and will be successful in attracting the best employees.
