Completing the Labor certification advertising requirements is a detailed process. United States Employers must go through each of these steps in order to hire a person from another country for a position in the United States. This process is not looking to displace employment from United States citizens. Instead it was created to make sure that companies in the United States go through their due diligence in filling the position by offering it to United States Citizens before considering any one in another country.
What is a labor certification ad?
A labor certification ad is an advertisement that employers must place to fulfill the requirements of their recruitment report. It is a requirement that all employers must first place a labor certification ad with the state workforce agency in the location of intended employment. The advertisement must run for a predetermined number of days in a newspaper that is considered to be one of general circulation. The ad must also run in the area where the job will be located. This does not, however, mean that the actual address where the job will take place must be listed in the ad.
Why are there Labor certification advertising requirements?
In order for American Citizens to be given a fair shot at obtaining a position with specific specializations or skills, it is important that the business advertises the employment opportunity in a way that allows all people whom qualify to apply. Because employers must prepare a recruitment report that details all those who may have been somewhat qualified for the job, it is critical that all advertisements that detail the terms of employment to give specific information that reduces the submission of generic applications that are not suitable for the job.
What are the requirements for how long a Labor Certification ad must run
It is a requirement that all employers must first place a labor certification advertising with the state workforce agency. It must also be placed in the location of intended employment. The advertisement must also run for a predetermined number of days in a newspaper that is considered to be one of general circulation in the area where the job will be located. This does not, however, mean that the actual address where the job will take place must be listed in the ad.
For Labor Certification ads where the position requires a higher degree or advanced training, 3 additional forms of advertisements are required. It is requested that forms of advertisements are not duplicated and that tear-sheets and proper documentation must be collected and presented for each.
Labor Certification Advertising Requirements
Employers are required to place newspaper advertisements that are published on 2 separate Sundays. Additional criteria can be found here.
Employers must also provide documentation that the job was posted on no fewer than three other types of advertising sources. Others types of media that qualifies are local and ethnic newspaper, job search websites, employer websites, trade or professional organizations, or job fairs. A qualified labor certification advertising agency can greatly reduce the workload involved in placing ads and following up with the publications as well as collect the necessary tear sheets, and documentation that the DOL requires.