Non-Teaching Positions

When filing a green card application that requires a Labor Certification, the test of the labor market required to determine that there are no minimally qualified U.S. workers available will almost always occur after the foreign national has been selected. The assigned retained counsel attorney or the IC will assist the hiring department in completing the test of the labor market and will guide the process.

  • Obtain a Prevailing Wage Determination from the U.S. Department of Labor
  • Advertisements in two Sunday newspapers (on different Sundays) with regional circulation.
    • The required information in the ad is very specific; all ads should be reviewed by the IC or retained counsel before placement
    • all language required by the relevant SPGs, e.g. "An Affirmative Action – Equal Opportunity Employer" (see, for example, http://spg.umich.edu/policy/201.84)
  • Three additional recruitment methods (out of the ten permitted options listed below). Two of the three methods of recruitment would need to be completed within the 30- to 180-day period prior to filing the application; one method of recruitment could be conducted within the 30 days prior to filing.
    • Job fairs
    • Employer’s website
    • Job search website other than the employer’s
    • On-campus recruiting
    • Trade or professional organizations
    • Private employment firms
    • Employee referral program with incentives
    • Campus placement offices
    • Local and ethnic newspapers
    • Radio and television advertisements
  • Placement of a job order with the State Workforce Agency
  • 15 day internal posting notice to the hiring department
  • Recruitment reports
  • Filing of the Labor Certification

Each step has specific language and timing requirements and restrictions. Therefore, no “recruitment” process should be started without FSIS or retained counsel guidance.