Volume VIII, Issue 1 January 2014

In This Issue
1. State Workforce Address Does Not Have to Be Stated in H-2A Advertisements
2. Additional Advertising Steps Must Be Separate Entities
3. United States Unemployment Rate December 2013
4. PERM Processing Times as of December 6, 2013

Clients' Comments Corner:
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1. State Workforce Address Does Not Have to Be Stated in H-2A Advertisements

The H-2A temporary agricultural program sets up a strict set of advertising requirements that can sometimes be difficult to navigate. Employers must advertise in two editions, one of which must be a Sunday, in a newspaper of general circulation for the area of intended employment. In addition, the employer must conduct advertising in up to three other states as directed by the Department of Labor (DOL) where the DOL determines there to be a significant number of able and qualified workers who would apply for the position.

In each of these advertisements, the regulations state that the advertisement text must refer applicants to the nearest State Workforce Agency (SWA) to apply for the job. The regulations at 20 C.F.R. § 655.103(k) state that the ad text must include “Contact information for the applicable SWA and the job order number.”  In the Round 5 FAQs from February 2012, the DOL explains that the employer is not required to provide specific state workforce contact information in the ad text. Contact information for the employer and a general statement directing them to apply at the nearest SWA office is sufficient. However, the advertisements must include the SWA job order number of the job order placed with the SWA serving the area of intended employment.

2. Additional Advertising Steps Must Be Separate Entities

Employers filing labor certification applications for professional positions are required to conduct three recruitment steps in addition to the mandatory Sunday newspaper advertisements and the State Workforce Agency job order. These three additional methods must be distinct from each other in order to qualify as a separate advertising method.

In the Matter of The Dallas Morning News, L.P., the Certifying Officer denied the employer’s application because they duplicated one of the additional methods. The Dallas Morning News, L.P. was advertising for the position of Assistant Sports Editor for their Spanish language newspaper Al Dia. As one of the additional recruitment steps, the paper attested that they advertised on their company website, www.dallasnews.com. However, the printouts they provided showed that the position had been placed only on http://hotjobs.yahoo.com, which the employer also used to satisfy the requirement to post on a job search website.

The employer argued that because their company has a contract with HotJobs.com, the “Careers” link on the employer’s website automatically directs to the HotJobs site. The case was forwarded to the Board of Alien Labor Certification Appeals (BALCA) for discussion. The Board considered the employer’s claim that the “Careers” link on their homepage fulfilled the additional recruitment step of posting the job on the employer’s website and concluded that it did not. A link to an outside careers site did not qualify as posting the position itself. BALCA advised that if the Dallas Morning News, L.P. was in fact contractually obligated to only use the HotJobs site for posting positions, then it should have selected another advertising method from the approved options to satisfy the third step.

Furthermore, BALCA made an interesting assessment of the labor certification process in examining this case. The employer had presented multiple documents and affidavits attempting to explain the context for why the HotJobs web prints were used to document two separate methods. The Board stated that because of the nature of the application process and in order to “better serve the public interest overall, given the resources available,” the PERM program was “purposefully designed to sacrifice in-depth individual adjudication of applications for a theoretically faster and more efficient attestation process that demands strict adherence to the PERM regulations.” Therefore they ruled that the employer bears the burden of proving compliance by providing the proofs specified in the regulations.

USADWEB understands the exacting nature of the regulations and will advise clients of any potential overlap in recruitment methods. Your advertising representative will also provide you with the necessary proofs to adequately document your advertisements.

3. United States Unemployment Rate December 2013

The unemployment rates around the country can greatly impact a company's decision to sponsor an application for labor certification. When unemployment rates are high, companies may elect not to proceed with the certification process. Rates can vary by state and industry. There are several states with jobless rates that are well below the national average. Employers in these states may be more available to sponsor employees. USADWEB is providing information on the current unemployment rates as a convenient tool to assist you as you prepare your cases. The Bureau of Labor Statistics report was just released due to a delay from the government shutdown. The unemployment rate decreased from 7.0% in November to 6.7% in December, according to the Bureau of Labor Statistics.

4. PERM Processing Times as of December 6, 2013

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews April 2013
Audits October 2013
Reconsideration Requests to the CO December 2013
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

Clients' Comments Corner

Using USADWEB has made the PERM recruitment process run much more smoothly for our firm and our clients. Before being introduced to USADWEB, we either managed the recruitment logistics ourselves or depended on clients to assume that responsibility. Having experienced the inefficiencies of both of these approaches, we now simply go with the efficient and hassle-free use of USADWEB. With USADWEB, I know the ads will be placed correctly and on time, in a manner consistent with compliance, and at a price that even my smallest clients can afford. And the best part about it is that we no longer have to chase tear sheets. USADWEB does all the legwork for us, and provides the documentation we need on time.



USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more than half a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!

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USADVolume VIII, Issue 1 January 2014

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