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1. Case Illustrates Importance of Recruitment Report
The importance of filing a recruitment report was recently highlighted in the case of Marlenny’s Haircutters. Their petition on behalf of their employee was denied because they failed to provide the Certifying Officer (CO) with a report of their recruitment activities. This denial was upheld by the Board of Alien Labor Certification Appeals (BALCA).
Under 20 C.F.R. § 656.17(g), the employer is required to "prepare a recruitment report signed by the employer or the employer’s representative…describing the recruitment steps undertaken and the results achieved, the number of hires, and, if applicable, the number of U.S. workers rejected, categorized by the lawful job related reasons for such rejections." The recruitment report does not have to identify the names of the U.S. applicants, however the CO may request their resumes after reviewing the report.
Furthermore, the employer is required to retain all supporting documentation for 5 years from the date of filing the ETA Form 9089. This includes documentation that is not required to be submitted at the time of the filing, such as the prevailing wage determination.
The importance of the recruitment report is paramount, as it demonstrates to the CO the good faith of the employer in complying with PERM regulations. As evidenced by the BALCA decision, failure to provide this report can result in the denial of a labor certification.
2. Placing California Job Orders for Out-of-State Companies
California's State Workforce Agency (SWA) provides in-state employers with CalJOBS, a free job posting site. In order to access the site, the employer must pay California (CA) unemployment taxes and be registered with the Employment Development Department (EDD). The EDD issues each employer a unique identification number, called the EDD number, which is required to register and gain access to the CalJOBS posting site.
In order to use CalJOBS to post jobs, the employer must first have at least one employee already working in CA and pay them at least $100 in wages. For out-of-state employers trying to hire their first California employee, this can sometimes create a "Catch-22" situation. As long as the employer meets these criteria, the actual application for the EDD number can be done fairly quickly, usually within one business day.
Should you ever encounter this situation, your ad representative will advise you how to proceed. Your ad rep can even complete the EDD registration on behalf of the employer. As soon as the EDD number is obtained, your ad rep can continue to register and post the job order as usual.
3. Campus Postings Offer Popular Recruitment Method
Campus postings are an additional recruitment step that USADWEB offers to clients. Campus postings allow employers to advertise a position to students who are about to graduate, or to the school's alumni. In cases where little or no experience is required, a campus placement is a great option.
Choosing a school is a very important part of the posting process. Sometimes an employer may have a preference, but most times we select a school based on our own research. The selection of an appropriate school depends on the location of the job and the degree required. For example, if a position requires an MBA, we match the academic programs and degrees offered at nearby universities to determine the best posting option in the vicinity.
In the past, campus postings were either placed online with the school’s career site, physically posted in binders at the school's career center, or posted on MonsterTRAK. When MonsterTRAK discontinued operations in 2009, many schools began their own web posting system.
Most school web systems work in two steps: registration and job posting. In the first step, we register each employer with the school's career center using the information you provided to us on our order form. The career center sends us a validation email with the log-in information once the employer profile is approved.
As soon as the employer is registered and approved, the actual posting of the campus placement is fairly seamless. We then input the required job details and submit the posting. Frequently the postings have to be approved by the career center before they are made "live" to students, but in some cases they go "live" right away. As with other online media, we will print a copy of the posting and send it to you as proof of publication.
Clients' Comments Corner
"We rely on USADWEB for all PERM-related advertisements. They are especially helpful in researching media alternatives in any corner of the country, and they provide reliable and timely service with ad confirmations and tearsheets/prints. It's a huge time saver for us to have all ads and job orders taken care of in one step. They respond quickly, and we appreciate their attention to detail, which is crucial in the PERM world, and pro-active work to avoid ad-related problems."
(Law Firm, Washington, DC)
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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