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USADWEB
NEWSBLAST Vol. III, Issue 6
In
This Issue
1.
USADWEB Reflects on Exciting AILA Conference 2. Congratulations to iPod Winner! 3. Department of Labor (DOL) Open Forum on Holiday Recruitment 4. Navigating Strict H-2B Requirements |
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1. USADWEB Reflects on Exciting AILA Conference
USADWEB attended the AILA Conference against the bright lights of Las Vegas at the beginning of June. The constant flow of exhibit hall traffic kept us busier than ever! When the breakfast lines got to be too long, USADWEB was pleased to provide you with fresh coffee at our booth.
We enjoyed seeing familiar faces again, as well as meeting new clients. This year, we were grateful for the opportunity to speak with many of you about our services in greater depth, as well as to discuss the various ways USADWEB can meet your needs in the changing legal climate. We appreciate both the praise and the valuable feedback!
We hope that everyone who attended enjoyed the seminars, the food, the shows, and the gondolas! We look forward to seeing everyone next year in Washington, DC.
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2. Congratulations to iPod Winner!
Congratulations to Sara Ghafari from Woodland Hills, CA, who won the USADWEB drawing for the iPod nano!
3. Department of Labor (DOL) Open Forum on Holiday Recruitment
The Department of Labor (DOL) held an open forum at the AILA Conference on Friday, June 5, 2009. One of the participants in the discussion was Dr. William Carlson, Administrator of the Office of Foreign Labor Certification. Dr. Carlson expressed that much of what his office had learned about the PERM process gave them pause. He indicated that although the regulations permit recruitment on holiday weekends, the DOL remained concerned. When his office asked people on the street if they look for jobs on holiday weekends, the answer they received was an unequivocal "no." Therefore, when making a determination if recruitment was done in good faith, Dr. Carlson stated that his office will take into account whether ads were placed on a holiday weekend.
Another factor that Dr. Carlson described as being used to determine a bona fide recruitment campaign, is the "metropolitan statistical area" where the recruitment took place. For example: If the New York Times reports that 400,000 jobs were shed in the New York area in a particular field, the DOL would take that into account when approving a request for a labor certification in the same field in that vicinity.
Dr. Carlson further indicated that an examination of current market conditions would be used to determine the availability of US workers for an employer’s recruitment.
You may find it helpful to keep these factors in mind when preparing a labor certification case.
4. Navigating Strict H-2B Requirements
USADWEB can make your seasonal peak load recruitment process a much simpler one by assisting with the recruitment for your H-2B cases. Our advertising specialists can place your SWA job order with the state(s) of intended employment for a minimum of 10 days, or as long as you require. As enumerated specifically in CFR §655.17, all H-2B advertisements must contain the following:
- Employer's name and contact information for applicant resumes to be sent directly to them
- Geographic location of the employment, to inform applicants of potential travel requirements and/or proximity of residence in order to perform the services
- If transportation to the worksite will be provided by the employer
- A description of the job with sufficient detail to apprise workers of the services to be performed over the entire period
- Minimum education and experience requirements, as well as whether or not on-the-job training is offered
- Workdays and hours, expected start and end dates of the job, and availability of overtime pay
- Range(s) of wage offers applicable throughout the certified H-2B employment period, which may not be less than the highest of the prevailing wage, state, local or federal minimum wages
- A statement that the position is temporary, along with the total openings intended to be filled by the employer
The employer must advertise on two separate days in a newspaper of general circulation in the area of intended employment, one of which must be a Sunday. The two advertisements may be consecutive, but are not required to be. As opposed to the PERM process, newspaper ads may begin to run ONLY after the SWA has begun active recruitment.
If the job opportunity is located in an area that does not have a newspaper with a Sunday edition, the employer may advertise in a regularly published daily edition of the widest circulated newspaper in the area of intended employment.
If a professional, trade, or ethnic publication is more likely to bring responses than a generally circulated newspaper, that publication may be used in place of a second newspaper advertisement. However, it may not replace the required Sunday advertisement.
About
USADWEB
USADWEB,
LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more
than half a decade, we have helped law offices
and companies all over the United States meet the Department of
Labor's recruiting requirements. Take advantage of our expertise and
relationships with publications throughout the country. Our
knowledgeable staff has experience placing all forms of recruitment:
newspapers, periodicals, journals, internet job search postings,
campus recruitment, radio ads, and more. Contact a representative
for more information on placing your ads today!
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NewsBlast
Vol. III, Issue 6
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