Often when assisting law firms and employers work through the State Workforce Authority (SWA) job order posting process, the State agency staff will lock, freeze, or delay activation of the newly registered account.
This can be for a variety of reasons but the solution always follows a distinct track.
It’s obvious from the various language the state agency staff use, that they would prefer as direct and exact a method as possible to verify the business, and it’s details.
As many attorneys can agree that when primarily representing the foreign worker, there is a sensitive situation in terms of keeping the employer on board with sponsoring the foreign worker. Thus, communications and requests for in depth information regarding the business is not as easy to obtain, as it is when it’s the employer who engaged the attorney for hire.
Add in the fact the state agency staff are seeking direct contact with the business owner or their designated representative.
This is where our “sub-account” solution comes in handy. It only works so far in the following states, which all happen to run a packaged State Workforce Authority website solution called VOSNET. More on VOSNET later. Here’s the list of States this solution will work for:
CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT CALJOBS
This now means the attorney or paralegal can communicate with the State Workforce Authority staff and exchange information.
Most of the protections the states have implemented are with regard to fraud, -so they’re going to be a bit more amenable to interact with a legitimate law firm, representing a legitimately formed business in their respective state.
Often the staff are seeking to verify or confirm the current business name, to rectify any potential mismatches with data in their system or other systems. Companies do change their business identity information including business name, official address, owner names, contact info, etc.
Once the staff have clarified the nature of their data request, and have received a satisfactory response, they will often enable the account and grant the account job order posting privileges.
If there is a over-riding circumstance, such as the business having a different location for it’s headquarters, in a different state, the staff will recommend what steps should be taken or which department or section of a department to engage to resolve the matter.
PERM Ads can interpret, advise and guide law firms and employers through the system as needed.
The above text gives you a basic idea of what to expect should you handle this process yourself, or with some professional help.
Our advice is not legal advice, it’s procedural advice strictly limited to how specific agencies and their systems work, and how to best conform to the parameters said agencies operate within.
The end goal is a successfully registered firm, job order posted for 30 days, properly documented, for use when completing this mandatory PERM labor certification recruitment step per CFR 656.17.
The resulting Start and End date printouts in electronic PDF format can then be cited in the Recruitment Report in the DOL ETA Form 9089. They can also subsequently uploaded to the PLC DOL ETA website, which itself has an associated Registration process.