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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

Fully Educating the Employer

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

Certifying Officers Cannot Impose ‘Substantive Requirements’ Not Included in Regulations As Basis For Denial, BALCA Says

DOL Offers Guidance on Recruitment for Telecommuting Positions

Salary Transparency Laws By State

Newspaper Advertisements

Making Sure Your Ad Text is Complete

What Happens if a Newspaper Drops an Ad?

Classifying a Newspaper 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

Star-Ledger to Cease Print Edition, Announces Digital-Only Format Starting February 2025

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

Certifying Officers Cannot Impose ‘Substantive Requirements’ Not Included in Regulations As Basis For Denial, BALCA Says

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

DHS and DOL Publish Joint Notice of Proposed Rulemaking to Modernize Recruitment for H-2B Program: November 2018

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

Supervised Recruitment FAQs

Department of Labor FAQs

Department of Labor Open Forum on Holiday Recruitment

Vague Salary on Job Orders Can Lead to Denial

Campus Placements Can Be Used for Jobs Requiring Experience

Digital Age: Using Online Trade Associations

Understanding Job Order Timeframes

New FAQs Affect Placement of SWA Job Orders

DOL Offers Guidance on Recruitment for Telecommuting Positions

Immigration News

Federal Court Rejects DHS and DOL Interim Final Rules on H-1B Visa Classification and Prevailing Wage Structure – December 2020

U.S. Senators Send Bipartisan Letter to USCIS to Express Concerns About Unprecedented Delays – May 13, 2019

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

President Obama Announces Executive Action on Immigration: Department of Labor to Modernize PERM Program

Featured Articles

  • DOL Offers Guidance on Recruitment for Telecommuting Positions
  • Salary Transparency Laws by State
  • Star-Ledger to Cease Print Edition, Announces Digital-Only Format Starting February 2025
  • Federal Court Rejects DHS and DOL Interim Final Rules on H-1B Visa Classification and Prevailing Wage Structure
  • BALCA Releases En Banc Decision on Travel Requirements
  • BALCA Upholds Denial Due to Illegible Newspaper Tearsheets

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Latest News

Salary Transparency Laws by State
An increasing number of states across the country have begun implementing wage transparency laws, many of which directly affect recruitment advertisements.
READ MORE

Star-Ledger to Cease Print Publication Starting February 2025
The Star-Ledger announced it will convert to a digital-only format starting February 2025, following a trend seen across the industry.
READ MORE

Stay up to date! View information on current unemployment rates and PERM processing times.

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Services

  • Advertising
  • Prevailing Wage
  • E-Verify
  • Order Ads

Services

  • Advertising
  • Prevailing Wage
  • E-Verify
  • Order Ads

Featured Articles

Salary Transparency Laws By State

Star-Ledger to Cease Print Publication

DOL Offers Guidance on Recruitment for Telecommuting Positions

BALCA Affirms Use of Online Postings Through Verified Trade or Professional Associations

READ MORE

USADNEWS

December 2024
Volume XVI, Issue 2


November 2024
Volume XVI, Issue 1


January 2023
Volume XV, Issue 1


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