New FAQs Affect Placement of SWA Job Orders

From: USADNEWS Volume VI, Issue 4

Last month the Department of Labor (DOL) released a new set of FAQs related to the placement of State Workforce Agency (SWA) job orders. The SWA job order is one of the required recruitment advertising steps for the labor certification process. The recent FAQs introduced some changes that will affect the way job orders are processed and documented.

The first question raised is whether the employer name must be included in the job order posting. The DOL responded that as with all advertisements, the SWA job order must state the name of the employer. Furthermore, not only must the name be included, but it must be fully visible to job seekers at all times. It is the procedure of some states to conceal the name of the employer until after a job seeker has expressed interest in the position and begun the application process. The DOL states that this does not comply with the PERM regulations and advises that in cases where the employer name is not listed separately, the employer must include their name in the body of the job description so that it is viewable to job seekers. This will still pose a problem, however, in states that remove employer identification and reply information from the description, in order to force job seekers to apply through the SWA. Georgia, Maine, and Pennsylvania are examples of states that conceal this information. USADWEB  will review a copy of the job order and, in cases where the employer information has been suppressed, will contact the SWA to request that they make this information visible.

The second question the DOL addresses relates to the resumes that are submitted to the SWA. Must an employer receive all resumes, and what must they do to ensure that the SWA refers all U.S. workers for the position? The DOL acknowledges that the process for receiving resumes or referrals from a SWA job order may vary from state to state. However, the employer must ensure that all available U.S. workers are being referred, including even minimally qualified applicants. There is often an option when posting a job order to restrict applications if job seekers do not meet all employment requirements, or to only allow the job to be viewable to job seekers who match the search criteria exactly. USADWEB  can make sure that these options are not selected so that the job order will remain viewable to all job seekers.

The final point that is discussed affects the length of time a job order must be posted. The required timeframe for a SWA job order to be posted is 30 days. However, many states such as Texas and Virginia, keep a job order on an initial 24-72 hour hold. This may be due to a veteran’s preference hold, during which time veterans are given preferential first viewing rights before other job seekers at large. It may also be placed on hold pending employer verification, especially if it is a new employer account registration. In such cases, the 30 day time period would not start until after the hold has been removed and the job order is viewable to all job seekers. USADWEB  will place job orders for the length of time specified on the order forms. In absence of a specific request, USADWEB  will select a standard closing date that is 35 days from the initial date of posting in order to account for any time that the job might initially be restricted from general view. Please note: an extended SWA posting does not impact the earliest filing period of 30 days following the job order. In certain states, such as Texas or North Carolina, the state’s system will not allow a closing date to be entered more than 30 days from the current date. In these cases, USADWEB  will have to wait until the job order becomes active in order to extend the posting period for 30 days from that active date.

The regulations for the labor certification process are constantly evolving and USADWEB  is here to help you adjust to the changes. If there are any concerns about a job order posting or ways that USADWEB  can help you to better meet the DOL requirements for your case, please let your advertising representative know.