State SWA Job Order Possible Foreign Scenarios

Sometimes, employers turn to the State Workforce Agency to find out how to legally invite foreign persons to work for them. However, most employers are required to take certain steps before posting a state SWA job order.

The requirements of recruitment vary according to whether or not the intended employment is temporary or permanent. For instance, there are conditions under which job candidates from other countries can come to the U.S. for specific purposes for a set duration. In this case, a nonimmigrant visa is usually issued.

Students and exchange visitors also are allowed to work in the U.S. under certain conditions. This status usually requires authorization from the learning institution they are attending or plan to attend when arriving here permanent labor certification ads. Additionally, this verification must be provided by a Designed School Official such as perhaps a Dean. Verification also must be furnished by a person designated to be a Responsible Officer for exchange visitors.

Some people also might be able to obtain a visa that allows them to come to the United States for business reasons. If so, they must apply for a B-1 visa. One exception to this is if the person is qualified to come into this country via the Visa Waiver Program. Otherwise, they must follow the regular channels for admission into the U.S.

A permanent worker usually is one that has applied for and has been granted immigrant status. This person is now a citizen of the U.S. and can live and work here for the rest of their lives. Many of the foreigners who have entered the United States have arrived upon a PERM certification agreement.

A PERM certification is one that is received by a participating employer who has already sought domestic options. This process, however, usually requires that United States citizens already living in the country to have first chance at job opportunities. It is after this that open positions are then promoted to immigrants.

Whether a company is filing for a state SWA job order or filing for PERM certification, many of the rules are similar. For instance, both agencies require that job postings be listed for a period of at least 10 days and about 30 days minimum to applying for the privilege of allowing foreign workers into the country.