Start here if you are looking to respond to a job offer or looking to post a job to hire immigrants and foreign nationals:
Who are these jobs for?
PERM jobs are for foreign national employees, such as those on a green card or on a visa. If you are looking to hire these people, there are specific regulations which you must follow when it comes to PERM advertising in the Bay area, as well as the hiring process. The system is strict and regulated, in an effort to ensure these individuals can find jobs, but are able to do so legally and without it coming at the cost of permanent residents not being able to find employment.
Who can advertise?
Only approved recruitment firms or companies who undergo testing and meet the advertising requirements are allowed to advertise PERM jobs for immigrants. Regulating who is allowed to advertise these jobs ensures that the jobs are legitimate and that the hiring process is legal. It reduces the incidence of illegal working amidst immigrants who are not allowed to be holding a job within the country or who are overstaying their visa and are no longer allowed to be working. If you are looking for a PERM job, be sure you are searching on approved sites which meet certification standards as this is the best way to ensure you are getting a legal job and will not be penalized down the road.
What is the process?
To be allowed to offer PERM job advertising, there is a specific process which companies and agencies must undergo and specific rules they must follow during the advertising period. First off, companies must show that they have tried to hire US citizens, offering evidence of this such as previous interviews, previous ads, or specific ad campaigns. Next, the company must prove that they are posting the ad with clear stipulations of the job experience and qualifications as it relates to the “minimum requirements” section of the Department of Labor. In addition, the details of the job need to be very clearly listed at the outset of the advertisement, and the job needs to be categorized as “professional” or “non-professional.”
What are the rules?
Once an advertiser follows this process, they must follow the rules for the job post, including that it must be displayed for a minimum of thirty consecutive days, and you must wait at least another thirty before you are able to post the job again. Also the job ad must be placed in at least two Sunday editions of the local newspaper and must meet at least three other posting requirements.
While local employees may be hard to find, it is in your best interest to look for them first Should you choose to hire immigrants instead, be sure to follow the rules and know what you are doing before you start.
