By: vadmin / December 19, 2023

The following are pre-filing recruitment steps need to be conducted within 6 (180 days) months of filing the application for alien employment certification:

1) A job order is required for all applications involving professional occupations. Start and end dates of the job order are required for documentation purposes. Placement of the job order serving the area of intended employment for a period of 30 days is important.

2) Advertisement in local newspapers or professional journals is a required step for all those involving professional occupations.

3) The placement of the advertisement must happen on two different Sundays and in a newspaper of general circulation. This must take place in the area of intended employment where there is adequate opportunity to bring responses for willing, qualified and available U.S. workers.

4) If the job application requires experience and advanced degree, in place of advertising in one of the Sunday advertisements, the job opportunity may be placed in an advertisement in a professional journal most likely to bring responses from able, willing, qualified and available U.S. workers.

5) Job fairs where documentation by brochures advertised at the fair and where the employer is named as participant at the fair can also apply. This additional documentation step needs to take place 180 days prior to filing the application.

6) Copies of web pages where the use of a job search website other than the employer’s is implemented can be documented by providing dated copies of web pages from one ore more websites where the advertisement of the occupation involving the application was placed. This can serve as
documentation.

7) Trade or professional organizations, on-campus recruiting, private employment firms, campus placement offices, local and ethnic newspapers, radio and television advertisements can all serve as documentation. Speak with an experienced immigration attorney to discuss your specific case involving these areas.

8) For non-professional occupations, the employer at a minimum must place a job order and two newspaper advertisements within 6 months of filing the application. That is prior to 180 days.

If you are a business filing for a labor certification and in the process of preparing for pre-filing recruitment, speak with the immigration law offices of Varun Luthra to discuss the regulations before taking the steps necessary. It is critical that all the necessary documentation is prepared before filing for a labor certification.