Whether hiring for a temporary or permanent position, you must follow the PERM Advertising requirements. These rules govern how employers advertise for positions. It would be best if you published a job advertisement in a local newspaper or professional publication on two Sundays of the week.
The ad must include the business name, a description of the job, detailed instructions for sending in applications, and whether or not the position requires travel. Let’s take a look at the PERM advertising process, including some major other topics!
Maximizing PERM advertising efforts
As the US economy continues to grow and the labor force is more diverse than ever, the PERM advertising requirements can become increasingly challenging. Although the current regulations require employers to advertise in newspapers of general circulation, Sunday papers may not reach the US workforce.
To increase the likelihood that a candidate will meet the requirements, employers should consider leveraging multiple advertising channels. Listed below are some tips to help you maximize your PERM advertising efforts.
Place job ads in newspapers and professional journals. In the case of a local newspaper, it’s important to use two Sunday editions for a PERM advertisement. The ad must include the business name, details of the position, and whether travel will be required.
Listed below are the most important PERM advertising requirements. Keep printouts of these ads as proof of your advertising efforts. There are also several other requirements for PERM advertising.
How to minimize the risk of being audited?
PERM advertising requires employers to conduct proper recruitment for all job positions. The sponsoring employer must attest to implementing proper recruitment steps, including hiring a suitable American employee. Not doing so can result in a targeted audit by the Department of Labor, which could delay the processing time for a green card or visa.
While some targeted audits are random, others are focused on specific reasons if you’ve hired someone from the employee referral program. By following PERM advertising requirements, employers can minimize the risk of being audited.
PERM Advertising requirements
In order to meet PERM advertising requirements, employers must place job ads in newspapers, professional journals, and on their company website. The ad must include the name of the business, detailed instructions for submitting applications, an overview of the position, and whether or not travel is required. If an applicant is interested, he or she should follow the instructions to apply for the position.
To ensure the success of your PERM application, you must advertise the job position. General recruitment activities are required of all employers except for Special Handling and Schedule A positions.
Moreover, you must place a job order with your state workforce agency and post it for 10 consecutive days. Make sure you keep printouts of your job advertisements. This is a vital step in ensuring your company’s labor certification application will be approved.
Mandatory recruitment steps under PERM
PERM Steps: The process is complex, time-consuming, and technically challenging. There are strict deadlines, complicated strategies, and a lot to understand. Fortunately, there are resources available to help. Here are the key steps involved in the PERM process:
The first of the three mandatory recruitment steps under PERM is advertising the position. The employer must file a job order with the state workforce agency and place at least two Sunday newspaper ads. The employer must also place at least three more advertisements, but there is no time limit.
Those ads must include the same information as the Sunday ads. Most employers use the same text in all their PERM advertisements. In addition, the advertisements must be accompanied by specific information about the position, such as salary and benefits.
If an employer cannot afford the wage offered, they must prove they can afford to pay it. Employers with 100+ employees can submit annual reports, federal tax returns, or audited financial statements. An annual letter signed by the chief financial officer of the employer must also confirm that the company has sufficient profits to pay the wage.
Labor certification is a necessary step in the sponsorship process for immigration. The PERM labor certification process involves an employer’s application for an employment-based visa. In order to obtain a green card, the foreign worker must perform the job that was specified in the PERM labor certification.
The time frame for the certification process varies depending on the position and country of birth. If the green card is granted, the employer must keep the PERM labor certification valid.
Employers must also document all recruiting steps. This includes retaining copies of all applications and resumes. Employers must also prepare a recruitment report detailing the number of hires and rejections (for example, if a US worker does not meet the minimum educational qualifications, the employer may classify the job as non-professional). The employer must also keep track of all applications and resumes sent for the job.
The PERM Advertising Process
In the PERM Advertising Process, employers must create an ad that contains the same information that would be included in an ad in a Sunday newspaper. Although PERM ads are similar to traditional Sunday newspaper ads, most employers use the same language in their ads.
Employers can place PERM ads on their company website. This is an easy and inexpensive option, but it is important to print screenshots of the ads on their company website to prove that the ad was posted in the correct manner.
Placing a Job Order
To advertise a job opening, employers must post a job order with the appropriate state workforce agency. Job orders must be no more than 180 days old. To make sure they’re in compliance, employers can post the job order on their company’s website or in a professional publication.
Job ads must also include a detailed description of the position, job location, the employer’s name and contact information, and the address of the job posting.
Ads in Newspaper/Professional Journals
The PERM Advertising process is the process of placing advertisements in a newspaper/professional journal. There are many factors that must be considered when placing ads in these publications.
Internal in-house Job Posting
PERM’s internal in-house job posting requirements are based on the same criteria as those for advertising on the company website. Employers must post a PERM internal job posting for at least 10 days on the company’s physical premises.
For most employers, the best way to do this is to reuse the language used in Sunday newspaper ads, and it must address the business name/location, your contact information, along with a general job description and wages.
Additional PERM Ad Requirements
In addition to completing the basic requirements for PERM ads, employers must also conduct extra recruitment activities. Minimum requirements must be objectively proven and clearly stated. Listed below are additional PERM ad requirements. You must also include the information necessary for each ad type.
- Place an advertisement on the company website. Keep a log of all internet screenshots of these ads.
- Participating in a job fair that can bring applicants required.
- Use a job search engine that is not your company’s own website.
- Participation in On-Campus Recruitment if the job doesn’t require many years of relevant experience.
- Place an advertisement in a trade association or professional organization.
- Use the services of a private employment agency. Keep a copy of any correspondence and contracts between you and the firm.
- Employees can be incentivized to refer new recruits by receiving bonuses or vacation days.
- Place an ad at a local college’s campus placement office for on-campus recruiting.
- Advertise in the local and ethnic newspapers of the area you are interested in.
- You can take advantage of radio and television advertisements. Keep the record of all payments and contracts between you and the station to prove that the ad was actually run.
How does the PERM Advertising Process Affect Audits?
If you’re an employer looking to hire foreign nationals, it’s important to know how the PERM advertising process affects audit results. While most audits are random, some are triggered by specific facts, such as the number of layoffs in a particular location or position.
To avoid being caught unprepared, it’s important to know what triggers an audit, so you can respond appropriately and get your PERM application processed efficiently.
If the Department of Labor suspects that you may not have run advertising properly, you might face an audit. PERMs are often chosen for an audit for several reasons, such as the foreign language requirement, family relationship, or alien ownership interest.
They can also be chosen based on industry, employer, and roving status. Fortunately, PERM audits don’t have to be a nightmare, and if you prepare for them in advance, you’ll be much more prepared for the inevitable audit.
Preliminary wage determination
If you are pursuing PERM labor certification, you must know about the prevailing wage rate. This amount affects both the PERM labor certification process and living standards in the United States. But many people do not understand how the prevailing wage rate is calculated. The US Bureau of Labor Statistics collects these data through its Occupational Employment Statistics program.
These data are published by the US Department of Labor in the foreign labor certification data center. The data center contains a search wizard to help you determine the wage rate.
In general, PERM processing begins with Uh
a prevailing wage determination. A prevailing wage determination establishes the minimum wage for an employee in a specific industry. This is a crucial step in the PERM process because it sets the minimum wage an employer must pay to a foreign worker when the employee is a legal permanent resident.
The Department of Labor’s prevailing wage determination is a key component of the PERM process. The prevailing wage determination is essential to complying with immigration law, as it is necessary to pay foreign workers the prevailing wage.
The process also requires that an employer post a notice about a job opportunity. The notice must be posted for ten consecutive business days. The employer must also ensure that the foreign employee has sufficient employment authorization to be eligible for a job. The DOL will then make a decision based on the information presented.
Why choose Herman Legal Group?
PERM advertising is a complex process, and you may be wondering if you need legal assistance with it. If so, contact Herman Legal Group. Our attorneys are well-versed in this process and can walk you through the entire process from beginning to end.
They will be able to answer your questions and schedule a consultation for you. They also know the laws surrounding PERM advertising and can assist you with the application process.
You can schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170 or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.
Conclusion
PERM advertising regulations require employers to follow certain recruitment processes. In addition to ensuring that they hire only qualified individuals, the employer must also attest that they followed the steps required by law. Failing to do so can lead to a targeted audit, which will delay the processing of the employee’s green card or visa.
Although targeted audits are not always intentional, following the PERM advertising process properly by choosing a good law firm can reduce your chances of being audited.
