USADWEB NEWSBLAST Vol. III, Issue 2
In This Issue
1. Prevailing and Alternative Wage Surveys
2. Department of Labor (DOL) revises H-2A program
3. Electronic Tearsheets: PERM vs. H-2B
1. Prevailing and Alternative Wage Surveys
In the past few issues of USADNEWS, we have highlighted some important information about Prevailing Wage Determinations (PWDs) in various employment markets around the country.
We are pleased to announce that USADWEB now offers the convenient service of obtaining the Prevailing Wage Determinations for your cases! Call us at 866-USADWEB and ask us to email you our PWD request form. Simply fill it out and email it back, and we will obtain the wage information for you.
Are you not satisfied with the determination that you received? We can provide you with an alternative wage survey from a reputable research company such as Watson Wyatt. Don’t worry if you obtained the PWD on your own. We can still get you the alternative one!
These are two new services we offer in addition to many others that help simplify your client’s labor certification process.
2. Department of Labor (DOL) revises H-2A program
The Department of Labor (DOL) recently revised the H-2A temporary agricultural program for the first time in over 20 years. According to the DOL FAQs, the H-2A program allows agricultural employers who anticipate a shortage of domestic workers “to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.” The certification is valid for up to 364 days.
The updates are intended to make the H-2A program more efficient by reducing redundant filing steps, and ensuring that US workers are not adversely affected by the employment of temporary foreign workers. Consequently, there have been some changes to the required recruitment process.
The employer must submit a job order to the State Workforce Agency (SWA) that serves the area of employment no more than 75 days and no less than 60 days prior to the date of need for workers. The job order must remain posted throughout the entire recruitment period. If the job offered is located in more than one state, the employer may submit the job order to any one of the SWAs that has jurisdiction over the worksites.
Once the job order has been successfully submitted to the SWA, the employer must advertise in a newspaper of general circulation in the area of intended employment. They must place two advertisements, which may or may not be consecutive, one of which must run on a Sunday. The employer must advertise in all states that are designated by the Secretary of Labor as a state of traditional or expected labor supply at that time according to the area of intended employment.
If the job opportunity is located in a rural area with no Sunday paper, it is acceptable to advertise in the paper with a regularly published daily edition with the widest circulation. Furthermore, if the employer determines that a professional or trade publication would generate a better response from qualified and available US workers, they may use that publication in place of the second newspaper ad, but not as a substitution for the Sunday advertisement.
The employer must prepare and submit a full recruitment report with the application no more than 50 days before the date of need. All documentation of the recruitment process, including tearsheets and proof of the job order posting, must be retained for at least 3 years from the date of certification.
With the anticipated increase in H-2A applications, USADWEB is ready to assist your clients with this specialized recruitment.
3. Electronic Tearsheets: PERM vs. H-2B
In the November 2007 edition of USADNEWS, we outlined some information regarding the use of electronic tearsheets (e-sheets) in the digital age. We highlighted the fact that many newspapers and journals adopted the use of electronic versions in place of the actual tearsheet. In fact, many media outlets no longer provide originals, although they are occasionally available upon special request at an additional cost. For PERM cases, e-sheets are recognized as original proofs of publication.
However, according to a recent FAQ that the Department of Labor (DOL) published, e-sheets are not considered acceptable for H-2B cases. The FAQ, which can be found at http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#h2b27, states that e-sheets allow the potential for fraud. Therefore, for H-2B cases, the employer should obtain the original newspaper page or an affidavit from the media confirming the date and exact text of the advertisement. The DOL also mentions that photocopies are acceptable, as long as the date, newspaper name, and advertisement are clearly shown without folding the copy.
Given the strict timeline and advertising requirements for temporary labor certification cases, we suggest the use of affidavits as proofs of publication. Alternatively, the employer may pick up their own original newspaper copies, which would reduce the cost of expediting original tearsheets to you.
About USADWEB
USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM 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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