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How To Apply For An Employment-Based Green Card: The Importance Of Recruitment

How to Apply for an Employment-Based Green Card: The Importance of Recruitment

by: Jaclyn Fortini Laing

October 3, 2019

Employment-Based Green Card Recruitment

When someone applies for an employment-based Green Card in the United States, her or his U.S. immigration attorney helps to draft the petition. Part of this petition is recruitment. Recruitment for a Green Card involves testing the U.S. market for a U.S. worker who is qualified for the position. The process is extremely difficult to navigate. Doing so without a U.S. immigration attorney may result in a denial of the Green Card petition.

General Recruitment Rules

Among other steps, the employer petitioning for your Green Card must advertise the position in a newspaper and on state-based websites. The wording of the ads is extremely important and costly. If the wording is too long, the cost to the employer is exorbitant. If the wording is too short, the Department of Labor may find that it does not sufficiently describe the position and reject the Green Card petition. The aspects of the ads must also exactly match the Green Card petition.

Below are several recent court decisions affecting recruitment wording.

The Latest Court Decisions Affecting Recruitment

An employer may have both primary and alternative requirements for the job. A recent court decision found that disclosing the alternative, but not the primary requirements, in the recruitment ads may result in a denial.

An employer, if she or he mentions drug testing in recruitment ads, must also do so in the employer’s Green Card petition for the employee. Failure to mention the drug testing in both may result in denial.

Finally, in a position for a special education teacher, the petition was rejected because the ability to handle the children was not discussed in all of the petition. The employer rejected several applicants for lack of this skill. The employer was penalized for not having mentioned it in all the spaces of the petition.

What does this mean for you?

As shown from all these rules and court decisions, recruitment and employment-based Green Card petitions are enormously complex and delicate. The advice and collaboration of a U.S. immigration attorney are absolutely necessary. Contact Fortini Laing Immigration Law here for help.

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