Sometimes we encounter a situation where the employer wishes to post a State Workforce Agency (SWA) job order for more than the required 30 days. The employer may elect do so for any of the following reasons:
- To ensure that the SWA does not miscalculate days
- To take a conservative approach and not count any holidays that may fall within the SWA posting dates
- To allow a "buffer" of time should any adjustment need to be made within a day or two of the initial SWA posting
Often this situation is accompanied by several questions: How does the lengthened posting time impact the ability to file in the minimally required timeframe? Can the filing still take place on the 61st day? Or does the extended SWA require a new 30-day quiet period, which affects the filing date?
The Department of Labor (DOL) addresses this specifically in the job order FAQs. The FAQ reads, "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 clearly states that even if the employer elects to post the job order for longer than 30 days, the quiet period commences once 30 days of posting has occurred.
At USADWEB, we pride ourselves on being able to provide you with helpful hints. A link to this and other helpful FAQs can be found at http://www.usadweb.com/links.html.
2. What Happens if a Newspaper Drops an Ad?
At USADWEB, we understand that meeting your deadlines and providing proofs of publication are two critical elements of your ad campaign. Therefore, when we order your advertisements, we receive written confirmation from the publication that the ad has been released to run for specific dates and that tearsheets will be sent. In spite of this confirmation, sometimes a newspaper or journal will "drop" an ad by failing to publish the advertisement as it was originally scheduled. The failure can be caused by either human error or an occasional computer system glitch at the publication.
USADWEB understands that this is extremely frustrating for clients and can potentially cause problems with meeting strict filing deadlines. This is why we follow up with publications within a week after an ad has been scheduled to run to ensure that tearsheets are dispatched to us as soon as possible. USADWEB also pulls electronic tearsheets weekly to ensure the accuracy of your advertisements. This also allows us to confirm that an ad has in fact run correctly, and enables us to catch any errors so that we can correct them in a timely manner.
While USADWEB is able to eliminate the majority of problems, there are still times when an ad representative assures us that they are sending tearsheets, only to admit, after multiple requests, that the advertisement did not run. In such a case, we will contact you immediately to confirm that the ad can still be run within the required timeframe for your case. Then we will confirm with the paper that the ad will run on the next available date to avoid any further delay. USADWEB works with you to ensure that no additional costs are incurred, and tries, wherever possible, to obtain discounts for the inconvenience caused.
USADWEB realizes the importance of providing you with accurate insertion dates and meeting your time requirements. In the event that a newspaper or other publication does make an error, we will do everything possible to resolve the issue to your satisfaction.
3. 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.
Clients' Comments Corner
"I have been using USADWEB for many years and cannot recommend them highly enough. Excellent customer service combined with expert knowledge is much to ask for and with USADWEB, I get it."
(Attorney, Philadelphia, PA)
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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