Law Offices of Chris M. Ingram

    Permanent Employment Visa – Report (Employer’s Business Classification)/Examples of Similar Job Advertised/Advertising Requirements by the Employer/Commentary on Recruitment Advertising/Posting an Ad With the State Workforce Agency (SWA)/Summary/Glossary

    Report (Employer’s Business Classification)

    In 1997, the United States introduced a new industry classification system. This industry coding system was designed to enable government agencies to produce data that could be used for measuring productivity, unit labor costs, and the capital intensity of production; constructing input-output relationships; and estimating employment-output relationships, and other such statistics that require inputs and outputs be used together.

    Your attorney will need to use this resource to establish the employer’s NAICS code, and this code will be entered on the official PERM application form.

    Examples of Similar Job Advertised

    As part of the Perm package, all the parties involved should use their best endeavors to find between 6-12 similar job postings to the applicants job on offer. The aim of this exercise should be to corroborate the prevailing wage, the nature and responsibilities of the job.

    Great effort should be taken to find adverts where the duties required are well defined. Adverts consisting of one or two lines will probably not be sufficient in most cases.

    If the employer has not already completed the required amount of advertising, reviewing the wording of these advertisements may prove useful to the employer and attorney when considering and designing the advertising campaign.

    These adverts should be faxed to the attorney for his perusal and for your file.

    Advertising Requirements By The Employer

    As mentioned earlier on in this review, the employer is required to first advertise the vacancy in local papers and only if he can find no US citizens ready, willing and able to work, can he consider hiring an alien. The only modification that should be added here is that, in this context, the phrase U.S. citizens include current green card holders too.

    Commentary On Recruitment Advertising

    As can be seen, the advertising requirements are not that difficult to satisfy. An important requirement is that all applicants for the jobs advertised must be recorded. Where US citizens and green card holders are turned down, reasons must be recorded to demonstrate no bias to the alien. If no applicant responds to the ad then this too must be recorded.

    Copies of all ads must be mailed to the attorney for filing. The ad must contain the entire page of the ad so that the date the advert was published can be verified. The employer’s ad itself can be quite small. Even a lineage ad would be sufficient.

    Posting An Ad With The State Workforce Agency (SWA)

    Each state has it’s own State Workforce Agency that will allow local employers to post job advertisements. For example, the SWA for Florida is called OSMIS – One Stop Management Information System. The attorney will most likely set this up for the employer, but the employer will be responsible for receiving and handling all subsequent enquiries.

    To satisfy the SWA requirement, an employer is required to register the vacancy here for 30 days and record all responses. It is important to note that if any candidates do come forward that appear to have suitable qualifications, they should be interviewed as a matter of course. Even if they are not selected, the reason for them not getting the job over the alien candidate must be clearly stated.

    Summary

    The Permanent Employment Certification Program (PERM) is an excellent facility for employers and employees to get together in the shortest possible time. This office will do it’s best to make sure that happens.

    The second half of this outline is primarily for practitioner’s but it makes interesting reading for employers and employees, since it will give them a behind-the-scenes look at some of the work this will office will be coordinating on the applicant’s behalf.

    Glossary

     Glossary of Terms

    Title  Abbreviation
    Permanent Employment CertificationPERM
    Department of LaborDOL
    The Immigration and Nationality ActINA
    Employment and Training DivisionETD
    Employment and Training AdministrationETA
    State Employment Service AgenciesSESA
    Dictionary of Occupational TitlesDOT
    Specific Vocational Preparation (Number 1-9)SVP
    Prevailing Wage DeterminationPDA
    State Workforce AgencySWA
    Standard Occupational Classification (see also O*NET/OES)SOC
    Occupational Employment StatisticsOES
    Technical Assistance GuideTAG
    General Administration LettersGAL
    Bureau of Labor StatisticsBLS
     
     PERM : This is the new procedural method of establishing a US Employer’s right to hire aliens for permanent employment. PERM replaces the traditional Permanent Employment Certification process from March 27 th , 2005.  
     DOL : Department of Labor is the general division of government that oversees Permanent Employment Certification under the headship of the Secretary of Labor.  
     INA : Immigration and Nationality Act. This is the overriding statute governing the bulk of all immigration law. The section pertaining to Permanent Employment Certification originates from section 212(a)(5)  
     ETD : This department is the division with the DOL that administers the Permanent Employment Certification program.  
     ETA : See SESA below.  
     SESA : All applications for certifications must be filed with the local office in the area of intended employment, for initial processing and ultimate referral to the regional office of the ETA.  
     DOT : This is a two-volume dictionary of occupational titles containing a comprehensive definition of job titles and lists of occupational classifications. The DOT is important in determining the appropriate job title for a Permanent Employment Certification application.  
     SVP : The SVP scale from 1 to 9 represents the combination of education, training and experience that is appropriate for the job as it is described in the DOT. The SVP scale is incorporated within the DOT code number.  
     PWD : Obtaining an accurate and up-to-date prevailing wage for the job under consideration is one of the most critical aspects of Permanent Employment Certification.  
     SWA : The State Workforce Agency is the agency that determines the prevailing wage. http://www.workforcesecurity.doleta.gov/map.asp is a good place to start.  
     SOC : For each job/occupation there is an assigned SOC code (or O*Net/OES). This is how you ensure the right prevailing wage matches the job under consideration. See http://atlas.doleta.gov/foreign for more details.  
     OES : Another source for determining the right prevailing wage for a given job/occupation.  
     TAG : The Technical Assistance Guide is a staff guide implementing the regulations. See reference No.656.  
     GAL : The General Administration Letters or Field Memoranda updates the Technical Assistance Guide.  
     BLS : This provides information on a range of issues regarding the US labor market, for example, SOC job classification codes and much more. See bls.gov for a complete review of services provided.