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If the application is for a professional occupation, the employer must
conduct the recruitment steps within 6 months of filing the application
for alien employment certification. The employer must maintain
documentation of the recruitment and be prepared to submit this
documentation in the event of an audit or in response to a request from
the Certifying Officer prior to rendering a final determination.
(i) Mandatory Steps
Two of the steps, a job order and two print advertisements, are mandatory
for all applications involving professional occupations, except
applications for college or university teachers selected in a competitive
selection and recruitment process as provided in Sec.656.18. The mandatory
recruitment steps must be conducted at least 30 days, but no more than 180
days, before the filing of the application.
(A) Job order. Placement of a job order with the SWA serving the
area of intended employment for a period of 30 days. The start and end
dates of the job order entered on the application shall serve as
documentation of this step.
(B) Advertisements in newspaper or professional journals.
(1) Placing an advertisement on two different Sundays in the newspaper of
general circulation in the area of intended employment most appropriate to
the occupation and the workers likely to apply for the job opportunity and
most likely to bring responses from able, willing, qualified, and
available U.S. workers.
(2) If the job opportunity is located in a rural area of intended
employment that does not have a newspaper with a Sunday edition, the
employer may use the edition with the widest circulation in the area of
intended employment.
* Documentation of this step can be satisfied by furnishing copies of the
newspaper pages in which the advertisements appeared or proof of
publication furnished by the newspaper.
(3) If the job involved in the application requires experience and an
advanced degree, and a professional journal normally would be used to
advertise the job opportunity, the employer may, in lieu of one of the
Sunday advertisements, place an advertisement in the professional journal
most likely to bring responses from able, willing, qualified, and
available U.S. workers. Documentation of this step can be satisfied by
providing a copy of the age in which the advertisement appeared.
(ii) Additional recruitment steps
The employer must select three additional recruitment steps from the
alternatives listed below in paragraphs(e)(1)(ii)(A)-(J). Only one of the
additional steps may consist solely of activity that took place within 30
days of the filing of the application. None of the steps may
have taken place more than 180 days prior to filing the application.
(A) Job fairs. Recruitment at job fairs for the occupation
involved in the application, which can be documented by brochures
advertising the fair and newspaper advertisements in which the employer is
named as a participant in the job fair.
(B) Employer's Web site. The use of the employer's Web site as a
recruitment medium can be documented by providing dated copies of pages
from the site that advertise the occupation involved in the application.
(C) Job search Web site other than the employer's. The use of a
job search Web site other than the employer's can be documented by
providing dated copies of pages from one or more website(s) that advertise
the occupation involved in the application. Copies of web pages generated
in conjunction with the newspaper advertisements required by paragraph
(e)(1)(i)(B) of this section can serve as documentation of the use of a
Web site other than
the employer's.
(D) On-campus recruiting. The employer's on-campus recruiting can
be documented by providing copies of the notification issued or posted by
the college's or university's placement office naming the employer and the
date it conducted interviews for employment in the occupation.
(E) Trade or professional organizations. The use of professional or
trade organizations as a recruitment source can be documented by providing
copies of pages of newsletters or trade journals containing advertisements
for the occupation involved in the application for alien employment
certification.
(F) Private employment firms. The use of private employment
firms or placement agencies can be documented by providing documentation
sufficient to demonstrate that recruitment has been conducted by a private
firm for the occupation for which certification is sought. For example,
documentation might consist of copies of contracts between the employer
and the private employment firm and copies of advertisements placed by the
private employment firm for the occupation involved in the application.
(G) Employee referral program with incentives. The use of an
employee referral program with incentives can be documented by providing
dated copies of employer notices or memoranda advertising the program and
specifying the incentives offered.
(H) Campus placement offices. The use of a campus placement
office can be documented by providing a copy of the employer's notice of
the job opportunity provided to the campus placement office.
(I) Local and ethnic newspapers. The use of local and ethnic
newspapers can be documented by providing a copy of the page in the
newspaper that contains the employer's advertisement.
(J) Radio and television advertisements. The use of radio and
television advertisements can be documented by providing a copy of the
employer's text of the employer's advertisement along with a written
confirmation from the radio or television station stating when the
advertisement was aired.
If the application is for a nonprofessional occupation, the employer
must at a minimum, place a job order and two newspaper advertisements
within 6 months of filing the application. The steps must be conducted at
least 30 days but no more that 180 days before the filing of the
application.
(i) Job order. Placing a job order with the SWA serving the area of
intended employment for a period of 30 days. The start and end dates
of the job order entered on the application serve as documentation
of this step.
(ii) Newspaper advertisements. (A) Placing an advertisement on two
different Sundays in the newspaper of general circulation in the area of
intended employment most appropriate to the occupation and the workers
likely to apply for the job opportunity. (B) If the job opportunity is
located in a rural area of intended employment that does not have a
newspaper that publishes a Sunday edition, the employer may use the
newspaper edition with the widest circulation in the area of intended
employment.
What should be included in the advertisements?
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