Employer is obligated to place a job order with the SWA serving the area of designated employment. The 30 day job order timeframe must end at least 30 days prior to filing. While the employer is not limited to the 30 day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing. It is recognized that states vary in their job order placement practices and that some may place job orders on AJB. In such case, as long as the employer is working through the SWA, a job order placed on AJB would be satisfactory. Under the PERM regulations at 20 CFR §656.17(e)(1)(i)(A) and §656.17(e)(2)(i), the employer’s job order for both professional and nonprofessional occupations must be placed with the SWA serving the area of designated employment for a period of 30 days. Furthermore, during this 30-day period, the job order must be accessible and visible to the public at large – the entire pool of job seekers potentially qualified for the position. Therefore, where a SWA has a special exemption of making job orders accessible to only certain groups, such as veterans, the employer must still ensure that the job order is accessible and/or visible to the public for the full required period of 30 days. The employer can accomplish this by instructing the SWA to post the job for the required 30-day time period only after the days during which the SWA holds the job order open only to the select group.
Information needed to complete a SWA job order:
- Company FEIN (Federal Employment Identification Number)
- Company address, job posting contact, email address and a phone number
- This information is required in order to register the company, place the job order in the system, edit and monitor responses.
- Education, Training, Job Experience
- Please list in detail the relevant requirements for this job if they are not already specified in the ad text.
- UIN (Unemployment Insurance Number)
- Every SWA refers to this number in a different manner. UIN is usually required by most states to complete their online registration and complete your job order.
- Salary
- If possible please provide us the salary on all requests. It may not be required for a each state, but when it is, the electronic job order posting cannot be completed unless an actual number is specified.
The H1b visa program permits employers to provisionally employ foreign workers in the United States on a nonimmigrant basis in jobs such as special professions or as models of eminent merit and aptitude. A specialty profession requires the hypothetical and practical application of an entity with specific knowledge and a bachelors degree or the comparable in the specific specialty. H1b visa requirements depend on a sponsor (a company in the US), who needs to submit a Labor Condition Application. H1b visa status depends on DOL and the USCIS (Immigration and Naturalization Service) decisions. PERM foreign labor applicaton and certification is obtained via US Department of Labor.
