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Advertisements placed in newspapers of general circulation or in
professional journals before filing the Application for Permanent
Employment Certification must:
(1) Name the employer;
(2) Direct applicants to report or send resumes, as appropriate for the
occupation, to the employer;
(3) Provide a description of the vacancy specific enough to apprise the
U.S. workers of the job opportunity for which certification is sought;
(4) Indicate the geographic area of employment with enough specificity
to apprise applicants of any travel requirements and where applicants will
likely have to reside to perform the job opportunity;
(5) Not contain a wage rate lower than the prevailing wage rate;
(6) Not contain any job requirements or duties which exceed the job
requirements or duties listed on the ETA Form 9089; and
(7) Not contain wages or terms and conditions of employment that are less
favorable than those offered to the alien.
The employer must prepare a recruitment report signed by the employer
or the employer's representative describing the recruitment steps
undertaken and the results achieved, the number of hires, and, if
applicable, the number of U.S. workers rejected, categorized by the lawful
job related
reasons for such rejections. The Certifying Officer, after reviewing the
employer's recruitment report, may request the U.S. workers' resumes or
applications, sorted by the reasons the workers were rejected.
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