Permanent Labor Certification Ads Creation and Placement

Companies who provide permanent labor certification ads usually are trained in immigration law. They know what the Department of Labor looks for when recruiting foreign workers. The PERM recruitment ads are usually printed in newspapers and on websites with the priority of the American workers in mind. These announcements must be first seeking help from people who live in the United States before applying for the right to allow foreign employees to enter this country.

Permanent labor certification ads usually are published between 30 and 180 days from the time a company applies for the right to hire workers from other countries. These ads usually are printed in a Sunday edition of a local newspaper or are placed in other prominent places. Whatever type of ad media a company uses for their PERM recruitment ads, it is considered best practice to submit them where as many people as possible see them. Once the permanent ad runs for the time specified by the Department of Labor, employers usually then fill out the required ETA form 9089.

This application is either completed online or by mail, and the DOL recommends completing the necessary forms online. However, Schedule A occupations usually require that the ETA form be sent by mail to the correct Department of Homeland Security office. When acquiring the right to hire international workers, the DOL prohibits sending applications by fax. This further establishes the validity of the application submitted. In any case, an employer might not always complete every application process immediately. When filing these important forms online, the data is usually saved for later then completed.

Mandatory PERM ads required by the Department of Labor include a total of two Sunday ads in a paper circulated to the general population for that day. Other required recruitment of U.S. workers also includes a 30-day job order as required by the State Workforce Authorization. Additional recruitment efforts are also made in various ways such as in classified ad sections of newspapers and FM radio ads. Other places where supplementary permanent labor certification ads are published include as follows: Career sites Trade journals Online job boards Employer websites The Department of Labor, SWA and related agencies have strict regulations concerning the PERM ad process. Furthermore, the applications for accepting foreign workers into the country takes time.

Requirements of Permanent Labor Certification Ads

Permanent labor certification ads are usually placed before an employee tries to find foreign workers. These ads are designed as required by the Department of Labor. PERM ad requirements are subject to change. However, they usually must target United States workers and be placed in a Sunday newspaper that is circulated to the general population. This ad must include basic information such as the job title and a description of the duties and the salary.

An ad in a local newspaper also usually accompanies a State Workforce Agency 30-day job order. This documentation as well as the public ads usually includes details about qualifications. This information can be provided in a variety of ways such as through local job center postings. All recruitment ads and job orders seeking U.S. workers are usually placed where eligible workers can see them. If evidence suggests that not enough suitable workers are found within a certain U.S. location, then it might be time for a company to seek foreign help.

This entails filing the ETA form 9089, and it is completed fastest by filing online to a National Processing Center. This application process usually is carried out within no less than 30 days or nor more than 180 days of posting PERM recruitment ads. Wages offered when publishing PERM certification ads must be equal to or greater than the prevailing wage. This is a standard set by the National Prevailing Wage Center. This organization determines what is a fair wage for the responsibilities listed in a job ad. It ensures that both domestic and foreign workers are paid only for the responsibilities they are hired for and no more or no less.

The DOL also has a way of determining whether or not a job order is legitimate. Job descriptions such as the ones on the Bureau of Labor Statistics website are usually the kind that will prove that a recruitment ad is legitimate. Guidelines for verifying that a real job opportunity exists are also set in place by the Department of Labor to prevent fraud when hiring immigrant workers. Offering real opportunities to first U.S. employees than foreign workers is a process. It often takes months or even years depending on how thorough an employer is on their initial ETA applications.

Permanent Labor Certification Ad Requirements

When most people turn to an advertisement agency, they are usually looking for direct mail, logos or online ads. However, they also might be seeking newspaper ad design help, or they might need permanent labor certification ads. These PERM ads are usually created per the requirements set by the U.S. Government. They usually are designed according to the Department of Labor Application for Permanent Employment guidelines. This process typically is completed using ETA Form 9089.

These applications are usually completed online or via postal mail. The purpose is for an employer to be able to hire overseas workers, but the ads are usually posted according to strict regulations. The permanent labor certification ads that employers need must first promote jobs to U.S. workers. This domestic recruitment, according to the PERM regulations, is required to be completed within 30-180 days before filing for the right to hire foreign workers. This ad must be placed in a Sunday paper, and other stipulations such as obtaining an SWA job order and the job must be paid a prevailing wage.

The amount of money that people are paid for jobs is set by the National Prevailing Wage Center. The Department of Labor and other agencies also play a part in determining fair wages for both local and foreign workers. However, when applying for permanent labor certification when seeking overseas help, it does not mean that employers are automatically granted the right to hire international workers. Furthermore, there are times when labor certifications are revoked but refiling might be possible.

The regulations concerning the permanent certification labor process have changed quite a bit since this program’s inception in 2005. For instance, special handling provisions concerning the recruitment of college and university teachers has changed. This process usually includes certain stipulations such as how and when the ad should be posted electronically. The National Association of International Educators talks about this in more detail. More information is also provided within the Department of Labor website. Additional requirements pertaining to the design of permanent labor certification ads are usually observed by professional ad agencies. However, not all creative companies understand the legal ramifications of following through with this process incorrectly.

Writing of Permanent Labor Certification Ads

Permanent labor certification ads are required by employers who want to hire foreign workers. These promotions need to be precisely written for U.S. citizens first before even applying for a PERM certification. Usually, PERM ads by employers are submitted on at least two different Sundays near the intended place of employment. The priority is to reach out to domestic workers who are able, willing or qualified. These ads must be placed at least 30 days before filing for PERM certification using the ETA form 9089.

Different places where ads might be posted besides newspapers include radio, television, employment agencies, or campus placement office. Smaller, more local newspapers can also be used. However, the best practice usually is to make placing the ad in the most popular circulation necessary. In the process, the job salary must be at least at the prevailing wage. As far as the types of jobs requested by employers, different stipulations apply in different situations. For instance, house cleaners might require a different level of training than would a teacher or restaurant employee. In any case, a minimum level of training that is comparable to what is normally expected by someone hired in a position usually is mandated when recruiting people.

Furthermore, employers are required to document any indication of a family relationship between a foreign employee and themselves. This stipulation is usually applied when the “alien” arriving is hired to work at a place that employees 10 or fewer people. Many other regulations apply as far as making sure a job opportunity is legitimate. All of this is based on the Department of Labor standards for workers. It is understood that certain types of jobs exist, and that they require a prescribed amount of responsibilities.

The agencies governing the kinds of work opportunities advertised are out to make sure “real” chances for employment exist. Permanent labor certification ads, when written correctly, can open up new doors for employers and employees. As long as legitimate chances are being promoted, it can help a company fulfill all the tasks they need to complete. International workers often provide a diversity of skills not always found with just hiring domestic workers.

Reducing Costs Associated With Permanent Labor Certification

The cost of permanent labor certification ads can be considerable and has to be paid by the employer. This is generally to discourage the use of foreign applicants when domestic applicants would be equally suitable. Nevertheless, there are also some ways that an employer can potentially reduce the costs associated with the process. The Government and Petition Fees The USCIS charges a filing fee of $580. This is a flat fee and can change from year to year, so a business should factor in this cost first.

But this cost is actually a fraction of the legal and advertising fees that are usually associated with the process of labor certification. The total cost of a labor certification is usually between $4,000 to $5,000. The Legal and Attorney Fees Going through an attorney that specializes in labor certification will generally reduce these costs. Many businesses go through the attorneys that they have on retainer or do not shop around for their quotes, which can increase the amount that they need to spend. There are specialist firms available that have streamlined the process of perm labor certification and are thus able to provide their services at a lower cost.

The Advertising and Associated Fees In order to procure a labor certification, businesses need to advertise for their position on a local and domestic level. These advertising fees generally range from $1,000 to $1,500. But these fees can be reduced in a variety of ways. Permanent labor certification ads can be done through boutique firms -- like legal firms, these firms are able to provide services at a lower cost. Businesses can also seek to manage their advertising on their own and reduce their costs in this way, though a mistake during the advertising process can potentially lengthen the process of certification. Very few of the costs associated with permanent labor certification are set in stone. The government itself does not maintain a filing fee; the only fee that generally can't be negotiated is the USCIS fee. Because of this, there is some room for a company to negotiate and reduce their costs.

Factors Influencing the Length of the Permanent Labor Certification Process

In general, permanent labor certification can take a few months of time. During the process of permanent labor certification, a business needs to apply for a filing fee, run permanent labor certification ads, and interview potential domestic hires. Here are a few of the major factors that influence the length of permanent labor certification. State Processing Times States have different processing times. Some states have very frequent labor certification requests -- others don't.

Areas that need to process larger volumes of requests, such as major cities, will often have a longer processing queue. Likewise, smaller cities and counties may not have a significant wait. Seasonal Processing Queues Processing times can also vary by season. There are certain priority dates and dates that are more likely to have a faster queue. Earlier in the year often has a faster processing time, while processing during the holidays can lead to some delays. When employers are doing their most hiring, the process of permanent labor certification will usually be the longest -- this is because there are more forms and applications being processed at the same time.

Advertising and Legal Issues There are certain advertising and legal requirements that have to be fulfilled for the labor certification process to go through. The failure to meet any of these requirements -- such as by filling out the wrong forms, filing the wrong forms, or potentially placing ads incorrectly -- could easily delay the process of permanent labor certification or lead to it being denied entirely. It's for this reason that many businesses hire labor attorneys.

Reconsideration Requests Finally, labor certification can be denied for a variety of reasons. If this happens, a reconsideration request needs to be filed. Understandably, this can also substantially delay the process of acquiring certification. The permanent labor certification ads process usually can't be sped up; all a business can do is fulfill the requirements and wait for the application to pass through the queue. Though the process may be lengthy, it usually does not take longer than a few months.

Permanant Labor Certification Ads Guidelines and Benefits

Companies understand how important it is to have their permanent labor certification ads written correctly. After all, the government has certain guidelines that businesses must follow when opening up job opportunities to foreign workers.

One of the hugest stipulations is that United States employers must offer positions to U.S. citizens first. This is to ensure that all domestically-born citizens are given the gainful employment they need. In the process, job postings must list requirements for U.S. not international workers. These “help wanted” notices also are supposed to be displayed in a prominent place where workers can see them. For instance, employees must be able to clearly see the job opportunities on a bulletin board.

The job promotions posted by companies must also be published at least 30 days before filing a PERM certification application. It needs to be clearly evident that a company has already advertised to U.S. workers before allowing non-native employment candidates to see “help wanted” notices. As far as wages are concerned, they are usually set by the National Prevailing Wage and Helpdesk Center.

To summarize, any job offered upon placing a PERM certification ad is supposed to offer salaries as what is appropriate for a U.S. worker. In other words, the wage paid to a foreigner for these kinds of positions must be comparable to what a United States citizen would receive.

In any case, the PERM certification program reaches out to international workers who are looking to start a life in the U.S. This initiative, which was started by the government in 2005, has helped many companies find qualified employees for perhaps a slightly lower wage but still within salary guidelines.

In any case, permanent certification ads recruiting first U.S. workers then later foreigners need to be carefully written. For instance, they must contain information about primary job duties and are required to be formatted according to what is considered a verified employment position.

In some cases, the PERM certifications might work hand in hand with the EB-5 program. The EB-5 initiative is one way that businesses can obtain investment money overseas in exchange for a green card.