Ensure Your Immigration Advertising Checks Every Box Properly
What is “immigration advertising” or "labor certification advertising" or " PERM Recruitment Advertising" and why is it important to many organizations hiring employees in the current business climate?
In today’s tight employment market, your organization may find that certain positions requiring rare and highly-sought-after skills and expertise go unfilled due to a lack of qualified candidates in the US labor market. When this occurs one option is to turn to foreign nationals to fill these positions that are oftentimes critical to an organization’s success in the highly-competitive global marketplace.
However, this decision is not an easy one to make, particularly since there are so many legal and regulatory “hoops to jump through” to ensure that your organization follows all of the applicable laws and government regulations. Some of these challenges include specific recruitment advertising steps that companies and institutions must undertake prior to hiring foreign nationals for their open positions. Fortunately, if you partner with Mary Pomerantz Advertising for your recruitment advertising needs, we can help you navigate these steps and check off all the necessary boxes along the way.
First Steps Before You Pursue Immigration Advertising
Although immigration advertising is often a necessary part of hiring non-citizen employees, it isn’t the only step in this process. In addition to drafting and placing your immigration ads, there are a number of forms you need to fill out and approvals you need to receive as well as launching your immigration advertising campaign for an open position at your organization. This is something that you need to work through with your Human Resources department and make sure you have completed all of the necessary paperwork before moving forward with the immigration advertising step.
If your internal HR team if unfamiliar with this process, you may want to consult with some HR experts to walk you through it or even to file the appropriate forms on your behalf. If you are looking for this type of assistance, the experienced HR professionals at our sister company, TPG HR Services, can help you navigate this process. Once you’re ready to move on to your immigration advertising campaign, the team at Mary Pomerantz Advertising is here to help guide you through it.
Determining the Prevailing Wage for the Position
One of the important steps before placing immigration advertising is determining the “prevailing wage” for the position you are seeking to fill. This is a salary that has been predetermined by the US Department of Labor for the specific position and geographic location involved. One of the surest ways to be audited by the government and run into costly hiring delays during this process is to advertise for a position with a lower wage than the government-set prevailing wage for that position in your designated geographic area.
This is a specific “red flag” that will cause an audit to be launched as it is seen as a tactic for employers to intentionally “low-ball” a position’s salary in an attempt to purposefully hire less expensive, non-citizen labor. Before placing an immigrant recruitment advertising (particularly advertising that mentions a specific salary for the position), it is critical that you research the official prevailing wage for the position in your location and set the salary at or above that rate. The experienced team at Mary Pomerantz Advertising can help walk you through this process so that you don’t run afoul of the regulatory authorities in question.
Placing a Job Order with the State Workforce Agency
Immigration advertising requirements for any position always include placing a job order for the open position with the applicable State Workforce Agency or SWA. The SWA you use to fulfill this requirement must be for the state in which the position exists, not the state where your company headquarters is located. These job orders must run for a total of at least 30 days to satisfy this requirement. After this period there is also a 30-day waiting period to give US job applicants a further window in which to apply for the open position. Once all of this time has passed, and the positon remains unfilled by domestic applicants, there is further paperwork to be completed and submitted on your end. The professionals at Mary Pomerantz Advertising or our sister company, TPG HR Services, can help you complete and submit the appropriate forms at this stage of the process.
Additional Immigration Advertising Requirements beyond the SWA Posting
Beyond placing the job order on the appropriate state’s SWA, there are a number of other immigration advertising steps that must be taken as well. These vary somewhat depending on if the position is classified as “professional” or “non-professional,” and our staff can help you determine the appropriate classification for any position and which advertising options might best fulfill its requirements in the most cost-effective way. We will also make sure that you have all the associated records needed to confirm ad placement and that each ad has all of the necessary components to qualify as a legal immigration ad. The following recruitment advertising options will all be considered by the immigration advertising professionals at MPA when making recommendations to you as to how to best fulfill the recruitment advertising components of this process. Each has specific elements that must be included in the advertising for it to qualify as “checking a box” on your legal requirements.
One of the most common forms of recruitment advertising that will satisfy some of your immigration advertising requirements is newspaper classified advertising. These ads typically need to be run in 2 Sunday editions of a local newspaper that has a wide circulation in the area where the job will be performed. These ads have a number of elements that must be included for them to qualify legally. These elements include the name of your business or institution, an overview of the position’s duties, information on job location and travel requirements, and clear instructions on how to apply for the positions. At Mary Pomerantz Advertising our team will ensure that all of these elements are included in your newspaper advertising while keeping costs down through careful editing and using approved abbreviations where possible. We will also collect all necessary documentation of publication (such as “tearsheets” of the ad) for your records.
Internal Career Website Posting
To fulfill one these recruitment advertising requirements, you may post the relevant position on your organization’s career website. As with other options, this posting must contain certain specified components to officially qualify, and you must document these postings for your records. MPA can help you to craft these postings to make sure they are in compliance with regulations, and our web development team can even help to create a career website or section for you to use to post these positions in the future. As with any step in the immigration advertising process, our staff is here to help you in any way to navigate this often confusing process and ensure that you do not make any potentially costly or time-consuming mistakes along the way. You can count on our expertise to keep you on the right side of government regulations and oversight.
Posting on Internet Job Boards
The recruitment professionals at Mary Pomerantz Advertising can help you identify and utilize the best Internet job boards such as Indeed.com or CareerBuilder for your immigration advertising needs. Our expertise in this area enables us to ensure that your postings contain all of the necessary elements and that they are documented in the appropriate manner for your records. MPA’s long relationships with all of the major job boards, as well as specialized sites for specific professions and fields, ensures that your positions will be posted on-time, on the right sites, and as cost-effectively as possible. We will also collect all necessary documentation for your records, protecting you from the painful process of a government audit.
Advertising in Relevant Trade Journals or Publications
Particularly for certain highly-technical positions, trade journals or the publications affiliated with specific professional organizations may be an appropriate medium for your immigration advertising. The MPA team can help you select these types of publications to use and make sure that they provide you with all of the necessary documentation that you will need to collect for recording this process for governmental review. If you regularly need to advertise in these types of publications, we can also help you negotiate contracts to keep your costs down for each of these ads. Since our client base is very diverse, we have experience with a wide range of these often highly-specialized publications and are confident we can help you quickly choose the best ones for your immigration advertising needs.
Utilizing Radio or Television Recruitment Advertising
For some positions radio or cable TV advertising may be an appropriate way to satisfy one of your immigration advertising requirements. At MPA we have experience using both of these formats to effectively recruit employees in a variety of fields. We are also well-versed in what documentation is required for providing proof of these types of advertising for immigration purposes, as well as what specific elements must be present in each of these advertisements. If you choose to go this route, you can rely on our expertise to help you professionally create these advertisements and choose the best stations, times, and schedule for their broadcasting.
Implementing Employee Referral Programs
In certain cases, a well-designed employee referral program can also satisfy one of your immigration recruitment advertising requirements. These programs rely upon giving incentives to current employees to reward them for recommending potential candidates for open positions at your organization. These incentives might be cash bonuses or extra vacation days among various other rewards. The recruitment professionals at Mary Pomerantz Advertising have decades of experience designing and implementing these programs and can help you get yours “off the ground” or simply ensure that it follows the necessary steps to qualify as an immigration advertising option. Our creative team has designed websites, posters, emailers, and a variety of other means of communicating the existence of these programs to your employees and convincing them to take part in them. Even if you aren’t using an employee referral program for immigration advertising purposes, we can help you tap into the powerful potential of this very effective recruitment resource.
Job Fair Participation
Organizations can also partially meet the immigration recruitment advertising requirements through participating in or holding a job fair or other recruitment event. These must be events with a high likelihood of attracting job candidates who might qualify for the open position in question. In addition, as with any of these other options, it is critical that you document your participation in these events properly to “receive credit” from the government personnel who will eventually review your immigration paperwork. The team at Mary Pomerantz Advertising can help you to do this, as well as help you to create promotional recruitment materials or signage for any recruitment event. In addition, we can even research potential recruitment events in the area, suggest appropriate ones to attend, and sign you up for participation in them. Our professionals have extensive experience with all of the logistics involved in these types of events and can help you every step of the way.
Internal Job Postings
In certain situations it may be appropriate for you to physically post notice of the open position in the premises of employment itself. If you choose to do this, Mary Pomerantz Advertising staff can help you make sure that you include all of the necessary information in this notice and document its posing in such a way as to qualify as one of the required recruitment methods. The necessary elements include your organization name and location, a general description of the job’s duties, information on wages and other compensation, and a specific, detailed method of applying for the position. Our creative team can design posters or other means to display the information within your workplace to satisfy this requirement. If the opening is a union position you will also need to give proper notice to the union representative as well.
Getting All Your Ducks in a Row
As you can see, there are a number of different options to fulfilling the immigration advertising component of hiring a foreign national for a US position – and each one has its own unique elements and potential pitfalls. And, this is one area where you don’t want to forget even the smallest detail in terms of your advertisements or their documentation. Even a small omission or mistake can create costly delays in the hiring process, requiring ads to be re-run or you to simply wait 30 more days or more before being able to hire an employee for a potentially critical position. For most organizations, these delays are actually the most costly effect of making mistakes in immigration advertising, causing your organization to go into a “holding pattern” when you should be forging ahead on new projects.
Get a Partner You Can Trust
That’s why it is so critical to team up with a recruitment advertising partner who knows the “ins and outs” of immigration advertising – a partner like Mary Pomerantz Advertising. Our decades of experience in the field give us a level of expertise that can serve your organization well if you find the need to place immigration advertising for a “mission-critical” position. We can walk you through the process and ensure that you don’t miss any important steps along the way. And, we have the industry savvy to make sure that you don’t spend any more than you have to on whatever advertising options you choose. Doesn’t that sound like the kind of partner you’d like in your corner?
Make sure you have every box checked when it comes to immigration advertising for your organization by calling MPA at 732-214-9600 today!