When Does an Employer Have to Hire a Domestic Employee?


immigration labor advertisingEmployers looking into hiring immigration labor should be aware that they are generally required to look for and consider a domestic employee first. A domestic employee will need to be available, qualified, willing, and able to perform the functions of the position -- but if such a domestic employee is available, an immigrant cannot be hired for the position. Finding a Domestic Employee The immigration labor advertising process is designed to ensure that there are no domestic employees available for the position. The employer will need to post ads in the classifieds, local Sunday paper, and other resources, in order to advertise the position.


immigration labor advertisingThe position needs to be advertised exactly as it would be presented to an immigrant and it should not be tailored to a specific individual's qualifications. The position should also pay the same amount that the immigrant would make, which will need to be an average amount for the position in the United States. The Requirements of a Domestic Employee If there are employees available that meet all of the following requirements, the employer will likely have their application to hire an immigrant employee denied. The requirements are as follows:


immigration labor advertisingQualified. The employer will need to make a list of qualifications that the position demands. The immigrant that is being hired will need to meet these qualifications -- but the employer will also need to consider domestic employees who also meet these qualifications. Willing. The employer will need to offer the position to an employee and the employee will need to accept the job offer. If there are employees available but all of them decline the offer, the employer may still be able to hire an immigrant employee. Able. The employee must be able to complete the tasks involved for the position, as must the immigrant that is also being considered.


immigration labor advertisingAvailable. Naturally, the employee must also be available to start the job by the time necessary. The immigrant will also be held to the same time frame. If an employer finds a domestic employee who is qualified, willing, able, and available -- usually through the advertising process -- they will need to hire an American to fill the position. Though they do not need to hire that individual specifically, they cannot hire an immigrant to fulfill a position that an American would be able to suitably take.

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