Are employers required to submit a sample advertisement to the SWA for approval prior to publication in a newspaper of general circulation?
No. Pre-approval of the employer’s job advertisements is an unnecessary step and causes excessive delays in SWA processing. Once the SWA is satisfied (i.e., following correction of all deficiencies) that the employer’s job opportunity, as written on the ETA Form 750, Part A, is offering at least the prevailing wage, does not contain unduly restrictive job requirements or a combination of duties not normal to the occupation or terms and conditions that inhibit the effective recruitment and consideration of U.S. workers, the employer is then responsible for complying with the newspaper advertising and recruiting instructions issued by the SWA and the Department’s policies and procedures set forth in TEGL 21-06, Section IV. If it is determined that the job opportunity contained requirements or conditions which preclude consideration of U.S. workers or which otherwise prevented their effective recruitment, the NPC Certifying Officer will deny the temporary labor certification. In making su
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