UNCG Campus Weekly

Campus Weekly is published each Wednesday when classes are in session. In the summer, it is published biweekly.

Ads when hiring foreign workers eligible for permanent residency sponsorship

Katie Brown, director of faculty and student services in the Office of the Provost, provides the following update. It concerns electronic and web-based journal advertisements when hiring a foreign worker who is potentially eligible for employment-based permanent residency (green card) sponsorship. Only positions that are classified as EPA and are permanent (i.e. tenure-track faculty) are eligible for this option.

UNCG has recently received good news about a change with the Department of Labor (DOL) which now permits electronic or web-based advertisements to be used for employer sponsorship for permanent residency (green card). However, there are some specific requirements that accompany this change in order for the employer to proceed with the Labor Certification process.

Although print ads are still acceptable, it is important to note that Employment and Training Administration (ETA) requires the following for all electronic ads; specifically, with regard to a web-based or electronic journal:

  • (1) Type: The job listings in the journal must be viewable to the public without payment of a subscription and/or membership charge.
  • (2) Time: The job posting must be for at least 30 calendar days. Regardless of whether in print or published electronically, the advertisement for the job must have been placed during the recruitment period prior to the selection of foreign worker.
  • (3) Evidence: Documentation of the job posting must include evidence of the start and end dates of the ad and the text of the advertisement. Best practice would be to retain screenshots of the posting on its first and last day. Alternatively, an invoice or other correspondence provided after the last day of publication may be acceptable.
  • (4) Preferences are “requirements”; experience quantified: With regard to the content of the advertisements, it is imperative that the language indicate the actual minimum requirements for the position. ETA has taken the position that “preferences” listed in an advertisement are de facto requirements. Further, any request for experience should be quantified. This is true for both traditional print advertisements and those in electronic form.

Journal not defined. The PERM regulations do not define what is a “national professional journal.” Neither the ETA nor the Board of Alien Labor Certification has provided substantive clarification. In determining what is an appropriate national professional journal, it is advisable to use a publication that contains more than mere job openings or is a newspaper/newsletter published by an organization or association that also publishes a self-described journal. Further, the posting of a position in the job section/tab of an organization or association’s website is not the equivalent of publication in a journal. Historically, the ETA has accepted the Chronicle of Higher Education, and it is anticipated that it will accept the e-journal Inside Higher Ed. If your campus currently uses the Chronicle or Inside Higher Ed, there is no indication that you should change that practice.

If you have any questions, would like to have additional information, or would like Katie Brown to have the job advertisement reviewed before it is published/posted, please feel free to contact Katie Brown in the Office of the Provost, 334-5398.