Featured Articles
Keeping you up to date on all your immigration advertising needs!
Thank you for visiting our Featured Articles library. The articles are highlighted from previous NewsBlasts and address common topics and frequently asked questions pertaining to the labor certification process. Topics range from tips on expediting SWA job orders, to clarification and updates on Department of Labor regulations, to recent BALCA decisions that can affect your advertising. USADWEB is proud to provide a convenient resource of information to help meet your advertising needs.
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General Advertising Tips/Info
General Process and Content Requirements
Meeting the Evolving Needs of Clients
Employer’s Headquarters May Be Used for Roving Employees
Advertisements for Multiple Positions Must Clearly Identify Job Requirements
Social Media Platforms Cannot Substitute for Employer Website
Additional Advertising Steps Must Be Separate Entities
Work From Home Option Must Be Included in Advertisements
Newspaper Advertisements
Making Sure Your Ad Text is Complete
What Happens if a Newspaper Drops an Ad?
Understanding the Tearsheets Process
Choosing a Newspaper of General Circulation
Use of Local and Ethnic Papers Challenged by DOL Audits
BALCA Definitively Addresses Use of Same Paper for Sunday and Local Ads
BALCA Upholds Denial Due to Illegible Newspaper Tearsheets
SWA Job Orders
Tips on Placing SWA Job Orders
USADWEB Continues to Lead the Way in SWA Job Orders
Providing Required Info on SWA Order Form
SWA Referral Requirements Differ Between PERM and H-2B Cases
Understanding Job Order Timeframes
Job Orders Ask if Position is Associated with Labor Certification
New FAQs Affect Placement of SWA Job Orders
Prevailing Wage
Prevailing Wage Validity Period Debated By BALCA
NPWC No Longer Issuing Prevailing Wage Based on Employer Surveys
Campus Placements
Campus Placements Can Be Used for Jobs Requiring Experience
Trade Associations
Digital Age: Using Online Trade Associations
BALCA Affirms Use of Online Postings Through Verified Trade or Professional Associations
Criteria for Determining a Trade or Professional Association Website
BALCA Decisions
Advertising Content
Advertisements for Multiple Positions Must Clearly Identify Job Requirements
BALCA Releases En Banc Decision on Travel Requirements
Travel Requirements Reviewed in BALCA Cases
En Banc Panel Upholds BALCA Decision Regarding Content Requirements
BALCA Examines Preamble When Debating Content Requirements
Work From Home Option Must Be Included in Advertisements
BALCA Case Clarifies Minimum Experience Requirement
Campus Placements
BALCA Applies Flexible Standards to Documentation of Campus Recruitment
Documentation
BALCA Upholds Denial Due to Illegible Newspaper Tearsheets
General
Harmless Errors on Application Can Lead to Denial
Social Media Platforms Cannot Substitute for Employer Website
Additional Advertising Steps Must Be Separate Entities
Follow Through With Candidates is Essential to Labor Certification
Job Search Websites
Affidavit May Suffice as “Reasonably Equivalent” Proof of Web Postings
Retention of Dated Web Prints Crucial to Audit Response
Notice of Filing
Notice of Filing Must Name the Employer
Prevailing Wage
Prevailing Wage Validity Period Debated By BALCA
SWA Job Orders
En Banc Review Addresses Issue of SWA Job Order Documentation
Regulations Silent on Requiring Proof of Job Orders
BALCA Panel Offers Differing Opinion on SWA Content
Content Requirements for Advertisements Do Not Apply to SWA Job Orders
Sunday and Local Newspaper Advertisements
BALCA Definitively Addresses Use of Same Paper for Sunday and Local Ads
Newspaper’s Headquarters Address Does Not Determine Area of Circulation
BALCA Reaffirms Newspapers Headquarters Address Does Not Determine Circulation Area
Choice of Newspaper Raises Questions About Widest Circulation
Weekend Edition Satisfies Sunday Requirement
BALCA Tackles Issue of Local Newspapers Again
BALCA Case Examines General Circulation Paper for Non-Professional Position
Use of Local and Ethnic Papers Challenged by DOL Audits
BALCA Case Raises Questions on the Use of Appropriate Local Papers
Employer’s Headquarters May Be Used for Roving Employees
BALCA Case Determines Wall Street Journal Not Appropriate as Professional Journal
Trade Associations
BALCA Affirms Use of Online Postings Through Verified Trade or Professional Associations
Criteria for Determining a Trade or Professional Association Website
Supervised Recruitment, H-2A, H-2B
DOL Publishes Final Rule on H-2A Regulations: October 2019
AILA Minutes from DOL H-2 Stakeholders Meeting: March 7, 2017
Interim Final Rule Affects H-2B Job Order Processing: April 2015
DOL and Homeland Security Publish New H-2B Regulations: April 2015
DOL to Cease H-2B Processing as Federal Court Vacates H-2B Regulations: March 2015
State Workforce Address Does Not Have to Be Stated in H-2A Advertisements: February 2012
SWA Referral Requirements Differ Between PERM and H-2B Cases
USADWEB Provides Time Sensitive Assistance with Supervised Recruitment
Department of Labor FAQs
Immigration News
USCIS Provides Data on H-1B and H-2B Petitions
DOL Releases Guidance for Those Affected by Recent Hurricanes
USCIS Resumes Premium Processing for H-1B Visa Petitions
USCIS Increases Scrutiny on H-1B and Other Visa Renewals
Executive Order Creates Uncertainty for H-1B Visa Program
AILA Denounces Executive Order, Issues Call for Examples
AILA Denounces Executive Order, Issues Call for Examples
Federal Courts Halt Executive Order on Immigration, DHS Responds
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