Just when you think the Labor Certification Process couldn’t be any more complicated, you realize that you may have met your match, SWA job postings. This is only one portion of the Labor certification process and the recruitment process can continue on before it has been completed, it is a mandatory aspect of the immigration process that must be completed and accounted for before the entire process can be finalized.
What is a SWA Job Posting used for?
A SWA Job posting is meant to determine whether or not the salary or wage that is intended for a specific job is acceptable based on the location of where that person will be employed. It verifies that the amount is appropriate for the requested job so that employers cannot try and pay a salary that is any lower than deemed appropriate.
If this sounds like it might be a time consuming and tedious process, It is ! but luckily if an employer is recruiting for multiple persons of the same job and skill levels this part of the PERM process only needs to be done once. Yay! However, be aware that the more generic job description is the more likely that there will be a larger number of applicants.
How do I Complete a SWA Job Posting?
Each state has its own State Work Force Agency ( SWA) which requires that an ETA Form 9089 must be submitted
- Title of occupation
- Skill Level
- Wage source
- The prevailing wage and applicable tracking number
- SOC/ O* Net (OES) Code which helps to organize jobs into one of the 1000 categories that help to determine skill level, knowledge base, and tasks involved with a job. The appropriate code can be found online .
- Dates of Determination and Expiration
The completion of the SWA process is done by registering on one or more sites as well as proper documentation and tracking and notation of any Vets hold (s). This may also include tracking and noting the end of any Vets hold(s)**. Once the prevailing wage is finalized they are typically valid anywhere between 90 days to a year. Documentation must also be kept by the employer for 5 years.
** A Vets hold is a determination of whether or not it may be appropriate to first train and hire a United States Veteran for the position
for more information on SWA postings check out this additional post