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socrateaser
socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 33369
Experience:  Retired (mostly)
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When advertising in the newspaper during recruitment for an

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When advertising in the newspaper during recruitment for an H2B position, how detailed does the advertisement have to be? I wrote every statement, required by applicable laws regarding H2B recruitment, on the Job order posted with the local SWA. When I read the requirements it seems as if the same exact info must be placed in the newspaper. That costs way too much and I have never seen an example of a printed ad that complex. I have been told the ad in the newspaper should be 25 words or less from someone from INBOUND (perm.com). Please, if you are a lawyer who has successfully received acceptance for a temporary worker from the DOL since August of this fiscal year, under H2B, let me know some details about how the newspaper ad was written.


 


My previous ad looked like this https://sn1-broadcast.15.officeapps.live.com/m/Broadcast.aspx?Fi=02d58a3e49806c20%5F2af60b3c%2Da607%2D4226%2D9686%2De4664e38983c%2Edocx

Submitted: 8 months ago.
Category: Immigration Law
Expert:  socrateaser replied 8 months ago.

Hello,

Title 20 C.F.R. 655.41-655.42 provide the advertising regulations for an H-2B nonagricultural alien worker program. The Department of Labor regulations are not optional, and they are not modifiable. Anyone advertising using 25 words or less is in violation of federal law.

 

The recent case of Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 09-cv-00240 (E.D. Pa), did not alter the advertising regulations -- consequently, unless OFLC (Office of Foreign Labor Certification) has established a special procedure for the employment position that you are attempting to fill. As far as I'm aware, tree planting associated with reforestation, entertainment industry, and sheepherding are the only employment areas where special procedures have been established.

 

Employers routinely violate the law, and take the chance that they will not be disqualified or otherwise sanctioned. I cannot encourage this approach, because the regulations "are what they are," and you ignore them at your peril.

Please let me know if my answer is helpful. And, thanks for using justanswer.com!

socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 33369
Experience: Retired (mostly)
socrateaser and 6 other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

Thanks for your information. I assume you have successfully helped employers with the H2B process. Law is law & routine is routine...or may I say, something that is normally practiced again and again. I understand that completely. The best way to rephrase the question to help us as a very small business, is maybe in regards XXXXX XXXXX and statistics (i know H2b denial statistics aren't available country to country and not published yet for this fiscal year.) However, in your experience (not professional advice or opinion), or better said, based on the results you have personally seen from other lawyers in this process," Is it a prevalent practice of the DOL or USCIS to sanction or disqualify employers soley based on an improper newspaper ad during the h2b recruitment process? Just guess at this one based on the experiences of others. Thanks so much. I understand that this kind of answer is not necessarily "expert information." If it is better I contact someone confidentially regarding this immigration law, please just tell me, a reference would be great. I will accept and give you full credit for your answer one way or the other cfnijunk>yahoo.com

 

 

Customer: replied 8 months ago.

like i said. my word is my word. that is how it works where i come from. thank you for your instructions.

Customer: replied 8 months ago.

cfnijunk>yahoo.com. thanks so much

Expert:  socrateaser replied 8 months ago.
Let's say that others have avoided the requirements of the law in the past. They certainly did not do so with my help or encouragement -- because that would mean that I have assisted in the violation of federal immigrations and labor law.

That said, I do note that the current federal district court case law appears to have enjoined the entire final rule that I previously cited. Consequently, the current advertising requirements are actually found in former regulation 20 C.F.R. 655.17 (2009).

This regulation also is fairly ponderous -- but not quite as much as the current regulation.

Unfortunately, this is the limit of what I can provide in this open forum. If you want more confidential advice you wll have to hire legal counsel, "the old fashioned way," so that you can invoke attorney-client privilege in your communications.

Hope this helps.
socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 33369
Experience: Retired (mostly)
socrateaser and 6 other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

thanks for your help. excellent advice friend.

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