Hiring international talent is a viable option for many businesses. The domestic labor market can be relatively competitive, especially when companies need to fill vacant positions that require substantial education.
Engineers, nurses and other highly-trained and highly-educated professionals are in high demand across the United States. Companies could have vacancies for months that they cannot fill due to a lack of qualified local candidates.
In some cases, the only way for an employer to fill a vacant position is to broaden the pool of prospective candidates to include international applicants. Businesses hoping to secure visas for foreign workers may need to complete the certification process.
Employers must evaluate the domestic market
Immigration policies aim to offer opportunities to skilled foreign nationals and to take hiring pressure off of domestic companies without limiting the career opportunities for domestic workers. Organizations that want to hire from abroad frequently need to complete a labor certification.
Program Electronic Review Management (PERM) is the system that the Department of Labor uses to ensure that foreign hiring is appropriate given the company’s needs and current economic circumstances. Essentially, the employer must perform an analysis of the domestic market to validate the claim that foreign talent is necessary. Companies generally only begin this process once they have identified a qualified foreign candidate for a vacant position.
The employer must demonstrate that the company could not recruit domestic talent. Typically, this process includes making an internal job posting that remains unfilled for at least 10 consecutive business days. The company must show that the position is full-time and permanent. The PERM process helps establish that international hiring won’t affect domestic wages or work opportunities.
Documentation of recruitment efforts and an analysis of the domestic labor market are both key elements of the PERM process. Employers complete the PERM process and can then support a foreign candidate as they seek an employment visa.
Completing the necessary research and pursuing a visa for a foreign national job candidate can be a complex process. Employers who secure the right support may improve their chances of success. Proper guidance during the foreign labor certification process and while onboarding foreign talent can help limit the possibility of major complications arising.