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1. USADNEWS Two-Year Anniversary: A Note from the Operations Manager
The past year has been a challenging one on many fronts, particularly for labor markets and for PERM recruitment. USADWEB is committed to helping you navigate these trying times by delivering the unparalleled customer service that you have come to expect. USADWEB is proud to be your choice for recruitment advertising, and remains committed to making recruitment advertising a worry-free step in your case preparation.
Our e-NewsBlasts have brought you the relevant information you need to maintain an edge on your cases. Whether it's updating you on new developments, BALCA case decisions, changes to federal regulations, or exploring the nuances of advertising requirements, USADNEWS is an effective medium for relaying the information you need to make your recruitment campaign a simpler step in the labor certification process.
As we embark on our third year of publication, we look forward to bringing you the same level of professionalism and guidance in our monthly communication. We look forward to sharing the journey with you!
- Russell Rosen
Operations Manager
2. USADNEWS Year in Review
For a second year, USADWEB continued the tradition of providing you with cutting-edge information in a clear, concise, and efficient format through our monthly e-NewsBlasts. The area of immigration law is ever-changing, and our NewsBlasts have become a trusted way of conveying timely information you need for your labor certification cases.
Earlier this year, when the new H-2A and H-2B regulations went into effect, USADNEWS outlined the respective changes. Through our diligence to provide you with as much information as possible, we further researched the H-2B requirements to advise you of any special steps individual states required when posting H-2B job orders.
USADNEWS summarized recent Board of Alien Labor Certification Appeals (BALCA) cases to highlight important aspects of the recruitment process, such as submitting a recruitment report or filing in a timely manner. After attending the Annual AILA Conference in Las Vegas this past June, we updated you on the Open Forum the Department of Labor (DOL) hosted concerning holiday recruitment.
This past year, a series of articles explored the federal regulations concerning the "general circulation" Sunday requirement and how to choose the appropriate Sunday paper. We examined the difference between "general" and "greatest" circulation, and considered what the options are when no Sunday paper exists in an area. Our comprehensive coverage of issues enables you to make informed decisions for your advertising campaigns.
As always, USADNEWS has kept you abreast of unique scenarios that we encounter in our experience placing job orders throughout the country. For example, we addressed how to place a California job order for an out-of-state company, and how to place New York job orders for employers using payroll companies.
We look forward to bringing you more articles of the caliber you have come to expect during the upcoming months, our third year of publication. Additionally, we are proud to include a new feature, our Clients' Comments Corner, highlighting testimonials from you!
To catch up on any articles you may have missed, or to review any again, be sure to visit the USADNEWS Archives on www.USADWEB.com.
3. States Implement Additional Posting Requirements for H-2B Job Orders
Several states have implemented separate requirements for employers submitting job orders for H-2B, different from those under the PERM process. It is crucial to understand and adhere to all steps mandated by the State Workforce Agency (SWA) covering the area of intended employment, since employers must abide by these requirements in addition to the standard federal regulations.
For example, although the federal regulations state that the job order must remain active for a minimum of 10 days, New Jersey requires that a job order in connection with an H-2B application be posted for a full 30 days. Washington State gives employers an option of posting for 30 consecutive days, or posting an initial 10-day job order that the SWA will then repost 45 days prior to the date of need for an additional 15 days. This latter method is referred to on their submission form as "Option 10/15."
The Federal Department of Labor (DOL) stipulates that the employer must continue to accept referrals for as long as the individual state agency requires.
New Jersey and Washington, as well as other states like Delaware, Iowa, Ohio, and Rhode Island, require employers to submit H-2B job orders through separate online forms, different from those used for conventional SWA job orders. Additionally, the New York State Department of Labor uses a different email address for submission. Meanwhile, the Oklahoma SWA sends a designated H-2B form to the employer together with the prevailing wage determination.
Failure to follow the additional state guidelines can cause delays in your case, or potentially result in a denial of certification. Please consult the appropriate SWA to ensure that you comply with their submission requirements.
4. When In Doubt, Consult PERM FAQ's
Oftentimes, questions arise about steps in the recruitment process. The Department of Labor (DOL) FAQ's can be very helpful in clarifying these issues.
USADWEB has encountered State Workforce Agencies (SWAs) extending job orders beyond the 30-day required posting period. When this occurs, you might feel that it encroaches on your ability to file your case on the 61st day, the day following the 30-day mandatory quiet period. A DOL FAQ directly addresses this matter, stating, "While the employer is not limited to the 30-day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing." This means that any extension of the job order past the required 30 days does not limit your ability to make the filing in the minimally required timeframe.
Another concern that we see raised is whether or not salary must be stated in the advertisements or SWA job orders. Per the DOL FAQ's, the wage does not need to be included. Should you wish to include it, it may not be lower than the prevailing wage. As far as the SWA job order is concerned, some states require it, while others do not. Our standard SWA Order Form allows you to tell us whether you’d like salary omitted if it's not required by the state.
At USADWEB we understand the nuances of PERM recruitment and aim to make the process as easy as possible. For your convenience, you can link directly to the DOL FAQ's through the Links section on www.USADWEB.com.
Clients' Comments Corner
"I have worked with USADWEB since PERM was created. I have found that they are extremely efficient, knowledgeable, and responsive. I’ve had clients come in exactly 2 months before their 5th yr of H-1B ends, and we have to start the ad the day we take the case. USADWEB has managed to get it done the same day, even if I gave the ad to them on Friday afternoon. Also, all businesses are looking to cut costs and want the cheapest possible ads. Many of my clients are surprised by the ad costs. I heartily recommend USADWEB."
(Law Firm, Houston, TX)
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!
As
always, USADWEB
welcomes your feedback.
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