American companies looking to fill positions using oversees laborers need to be aware that there are a number of restrictions in place that protect American jobs. The Department of Labor has every incentive to disincentivize companies from recruiting overseas simply to fill positions more cheaply. But it often happens, especially in certain industries, where qualified employees are much more likely to be found overseas than they are here domestically. This is largely due to the fact that students are not coming out of college labor ready for the positions they are seeking to fill, leaving many employers hiring recruiting agencies, including agencies, lawyers, and immigration labor advertising firms to help them fill these positions and broaden their search.
In order for an employer to begin the process of seeking qualified employees overseas, they must be able to prove that they exhausted efforts to hire for the position or positions domestically. With the exception of certain occupations that are exempted from this, it’s a requirement that the majority of employers will have to abide by. This is what an employer may do before looking outside the country for
- Job Order. An employer must post an opening with SWA (State Workforce Agency) for a period of at least 30 days.
- Advertisements. An employer is obligated to post a job notice in a newspaper or magazine, or if the job in question requires an advanced degree an industry specific journal is also an option.
- Internal Job Posting. An employer is obligated to post an internal job posting for at least 10 days. For a union position, the employer must give notice to the bargaining representative.
If qualified candidates cannot be found by going through domestic channels, then by abiding the structures set forth by the DOL, an interested employer can then seek personnel abroad.
“The DOL doesn’t make it easy on employers looking to staff positions elsewhere,” says one immigration labor advertising expert, “so it’s one of those situations where employers can benefit from having the advice of legal counsel in both the crafting of recruitment advertising and following through on the necessary procedures.”
“Advertising firms are often used because they need to know precisely what kind of information needs to be included in the ad and follow the guidelines set forth by the DOL. Failure to comply can result in fines for the company and a lot of negative press,” he continued. “Nonetheless, the practice of recruiting abroad isn’t going anywhere until schools begin to catch up with the corporate world in terms of training applicants for the workplace in a manner that makes them labor ready. Until that happens, expect more opportunities for immigrants.”