PERM Legal Ads

Introduction:

PERM Legal ads are often referred to as “recruitment advertising” or “immigration advertising” or “labor certification advertising”.

Who Is Involved?

• Federal Authorities: USCIS/ Dept. Of Labor
• State Authorities/ State Workforce Authority
• Attorney/ Counsel
• Employer/ Petitioner
• Immigrant/ Worker
• Advertiser/ Media Outlet
• PERM Legal Ad Agency / Agent

What Filings and Procedures Must Be Completed?

• 9089 Filing
• SWA Job Posting
• Classified newspaper print advertisements
• FM radio ads
• Journal Ads
• Job Search ads

When to run PERM Legal Ads:

• Newspaper print ads: Two (2) consecutive Sundays
• FM Radio:  1-5 days is acceptable.
• Trade Journal: 30 days is acceptable.
• SWA Job Order:  30 days is mandatory.
• Employer Website: 30 days is a good idea.
• Local or ethnic paper:  a Sunday or a week is a good idea.

Where to run PERM Legal ads:

• Newspaper print ads:  “General circulation” in county of job ad.
• FM Radio: On a station with the proper demographic format for the job.  If it’s an engineering job don’t advertise it on the local college punk rock station and expect it to be approved.
• Journals: Use a proper journal that’s relative to the industry NAICS code of the job title.

Why do these ads?

• To test the job market so that Americans have a shot at getting hired for the job first.  It’s sort of an offset to the fear that we’ll ship out all our jobs to foreigners.  The logic behind it is mostly political.

• In just about any country, there’s going to be a backlash against sitting elected officials with regard to the availability of jobs, a sound and important cornerstone of any modern or developing society.  It’s human instinct to try and define outsiders and thereby assert one’s own claims over various rights, benefits and privileges.  In the more advanced societies, immigrants are granted quite a few rights and protections to ease them into the society.  But that doesn’t mean there aren’t rules to follow.

• It protects the investment of time and effort that the existing population has put into the country.  Without some kind of hierarchy, the capitalist system would be hard-pressed to sustain itself.  The basic premise is if you work hard and develop yourself, you can accomplish anything here.  Quite a few immigrants have achieved just that, and serve as models for why immigration is a key element in defining an advanced economic system.

• In the current political climate, it’s of paramount importance to distinguish between legal and illegal immigration status.  Gone are the days when it’s OK to stay in this or any other country on illegal status.  Dreaming of the day some kind of “pass” is going to be given may well be in vain.

How to run PERM Legal Ads:

• Use an attorney if you are an immigrant seeking job placement in the US.  Or make sure your employer’s attorney is capable.  American Immigration Lawyers Association AILA has many lawyers who are quite solid in this regard, specifically why this is important can be found here.  If you are seeking an AILA attorney, visit this site.

• Use an ad agency that specializes in immigration advertising, they can assist your attorney by reducing the costs and streamlining the process while being fully compliant with Dept. of Labor PERM Legal ad guidelines.

• Use reputable media outlets, don’t cut corners.  Having the proper exposure to the job market will keep your case from being subjected to “Supervised Recruitment“.

• Describe the job fairly and in detail whenever possible.  OK, your Sunday print ads are the most expensive, so you abbreviate and keep it as short as possible to save money, but you still have to include what the Dept of Labor specifies.  In the other ads, that are cheaper, go all out, go into vast detail, all the software knowledge required, all the skills, all the experience, everything.  For PERM recruitment ad examples click here.