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LABOR TIMES
STATE & US-DOL
PROCESSING TIMES
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NOTE: Processing times at US-DOL are
given from receipt of the file from the SESA/SWA
The following comments are
based on observations of AILA members and are not based on any
guidelines issued by the DOL. Advertisement
in a journal is required if the job requires an advanced degree AND
has a salary of $75,000 or more UNLESS it is an IT job in which case a
journal or newspaper is acceptable.
Journal advertisements are needed for jobs requiring PhD, MD or
Dental degrees. There are
two RIR categories. The
Non-availability category includes IT positions, Mechanical Engineers,
Electrical Engineers, Actuaries, Occupational Therapists, Chemists,
Aeronautical Engineers, Specialty and Non-Specialty Cooks, Bakers and
Bakers' Assistants, Live-In Domestics and Special Handling Professors.
For these occupations one print ad in either the Sunday
newspaper in the area of intended employment is sufficient in addition
to internet or other sources. A
Sunday ad is not required for Specialty Cooks, Cooks, Bakers, and
Live-In Domestics. The
available category consists of all other occupations.
Two print ads in either the Sunday newspaper or a professional
journal are required, in addition to Internet or other sources.
**RIR
update: Recruitment
must have been conducted within the last 6 months, but no requirement
that it cover every month. One
print ad is sufficient if there are other forms of recruitment
(Internet, job order placed with the state agency, career
fairs, etc.). Refer to
Employment Service Letter 99-09 published 9-20-99 (attached) for which
publications to use depending on the occupation, city, and salary.
RIR will be rejected if the wrong publication is used.
For example, for the requirement if a Ph.D. (even if it listed
as an alternate requirement) or for an executive/managerial position
offering 100,000 or more, a journal ad is required.
Consultant positions requiring extensive travel with no fixed
job site should be advertised in a national publication, such as
Computer World or InfoWorld for computer consultants.
U.S.
Department of Labor
Employment and Training Administration
P.O.
Box 193767
San
Francisco, California 94119-3767
Reply to the Attention of: 9TURC
REGION
IX EMPLOYMENT SERVICE LETTER 99-09
TO:
REGION IX SESA ADMINISTRATORS
CLASSIFICATION: Action
EXPIRATION: 9/30/2000
SUBJECT:
NON-AG ALIEN LABOR CERTIFICATION ADVERTISING REQUIREMENTS
The
regulations at 20 CFR 656.2 1(g) require that an employer place
an advertisement for the job opportunity in a newspaper of general
circulation or a professional, trade or ethnic publication, whichever
is appropriate to the occupation and most likely to bring responses
from qualified, willing, able and available U.S. workers.
Occasionally,
disputes arise during the processing and adjudication of individual
labor certification applications as to which publication satisfies
this requirement. In response to requests from employers, attorneys
and SESA staff for guidance, the attached list of publications is
being provided.
Employers
should be advised that the publications listed are considered the recommended
sources of recruitment. Where more than one publication is listed,
the SESA should make a recommendation based on knowledge of the
industry, occupation and labor market. If the employer believes
another publication is more appropriate and advertises accordingly,
information should be submitted to show that the alternate publication
is more likely to generate greater response from U.S. workers than the
recommended publication.
The
Standard Periodical Directory contains the addresses of the journals
and magazines listed; the directory is available at many public
libraries.
This
supersedes Region IX Employment Service Letter No. 97-8.
Questions
concerning this procedure should be directed to Rebecca Marsh Day at
(415) 975-4601.
NEWSPAPERS
Generally,
a daily newspaper that is circulated widely throughout the labor
market area where the job exists is satisfactory for testing the labor
market for the availability of U.S. workers. All advertisements must
appear, under the appropriate header, in the main help-wanted
classified ad section of the newspaper.
ARIZONA
Arizona
Republic (Metro Phoenix area and balance of State where there
are no other significant newspapers. Not used for Tucson.)
Arizona Daily Star (Tucson and southeastern State including Pima,
Greenlee, Graham, Cochise, Santa Cruz Counties.)
Arizona
Daily Sun (Flagstaff including Coconino County and Yavapai County)
Mohave
Daily News (Bullhead City - Mohave County)
Casa
Grande Dispatch
The
Prescott Courier (Prescott - Yavapai County)
Yuma
Daily Sun (Yuma - Yuma County)
GUAM
Pacific
Daily News
HAWAII
Hawaii
Tribune Herald (east side of Island)
West
Hawaii Today (west side of Island)
KAUAI
Garden
Island
MAUI
MAUI
News
OAHU
Honolulu
Advertiser
Honolulu
Star-Bulletin
NEVADA
Reno
Gazette
Las
Vegas Sun Review
CALIFORNIA
ANAHEIM-SANTA
ANA-GARDEN GROVE LMA (Orange County)
Los
Angeles Times City Edition
Los
Angeles Times Orange County Edition
Orange
County Register
FRESNO
COUNTY
Fresno
Bee
LOS
ANGELES LMA
LOS ANGELES COUNTY
Los
Angeles Times (Main Edition)
Los
Angeles Daily News
LONG
BEACH
Long
Beach Press Telegram
Los
Angeles Times (Main Edition)
SAN
FERNANDO VALLEY
Los
Angeles Times
SAN
GABRIEL VALLEY
Pasadena
Star News
San
Gabriel Tribune
Whittier
Daily News
OXNARD-SIMI
VALLEY-VENTURA LMA (Ventura County)
Ventura
County Star
RIVERSIDE-SAN
BERNARDINO-ONTARIO LMA
San
Bernardino Sun (San Bernardino County)
Press-Enterprise
(Riverside County)
SACRAMENTO
COUNTY
Sacramento
Bee
SAN
DIEGO LMA (San Diego County)
San
Diego Union - Tribune
SAN FRANCISCO-OAKLAND LMA (Alameda, Contra Costa, Mann,
San Mateo and San Francisco Counties)
San
Francisco Chronicle Examiner (must be placed in combined classified ad
section)
SAN
JOSE LMA (Santa Clara County)/RED WOOD SHORES (San Mateo
County) San Jose Mercury News
SANTA
BARBARA COUNTY
Santa
Barbara News Press
ELECTRONICS
INDUSTRIES OCCUPATIONS
1.
Professional, technical and managerial positions (other than
managers and executives ~arning $150,000
or more per annum) available in the geographical areas listed below,
shall be advertised for
three days in the help-wanted section of the San Jose Mercury News:
Carmel
Fremont
Hayward
Livermore
Menlo
Park
Monterey
Redwood
City
Redwood
Shores
Santa
Clara County
Santa
Cruz
Scotts
Valley
Watsonville
The
San Jose Mercury News is located in Silicon Valley, a world center of
computer and electronics technology, and is used by a large number of
employers and job seekers in the computer and electronics industries. If
an employer wishes to use another advertising source, documentation
should be submitted to show why the source used provides a better test
of the labor market than does the San Jose Mercury News.
2.
Professional, technical and managerial positions (other than
managers and executives earning $150,000
or more per annum) available in the Los Angeles LMA, may be advertised
for three days in
the help-wanted section of the Los Angeles Times in lieu of a
professional journal.
EXCEPTIONS TO USE OF NEWSPAPERS
ETHNIC
NEWSPAPER
SESAs
should consult with DOL on a case-by-case basis before recommending an
ethnic publication.
Advertisement
may be in English or a foreign language; however, advertisements in a
foreign language must be accompanied by a translation.
If
the petitioning employer publishes an ethnic newspaper, it may
advertise the job opening in the ethnic publication itself.
JOURNALS
Exceptions
to the use of newspapers include the placement of a help-wanted ad in
a professional or trade journal or in an ethnic newspaper.
Journal
advertising is usually appropriate in instances where an advanced
degree is required, i.e., Ph.D., or for managerial and
executive positions offering $100,000 or more per annum.
When
a Ph.D. is required, journal advertising is mandatory, even if the
employer is willing to accept as an alternative to the Ph.D., a lesser
degree (Masters or B.S.), plus additional years of experience.
Consultant
positions requiring extensive travel with no fixed job site should be
advertised in a national publication, e.g., computer consultants
should be advertised in Computer World or Info World.
USE
OF THE WALL STREET JOURNAL
The
Wall Street Journal may be the appropriate recruitment source
for financial managerial and/or executive positions earning $100,000
or more per annum.
The
ad must be placed in the Western Edition of The Wall Street Journal.
The advertisement should also be placed in the National Business
Employment Weekly, if at no additional cost.
Other
occupations in a research or educational setting which require a
Master’s degree or Ph.D. are to be advertised in a professional
journal appropriate to the particular discipline.
Where
no recommended journal is available, SESAs shall exercise authority to
recommend a source of advertisement
PUBLICATIONS USED FOR NATIONAL RECRUITMENT BY OCCUPATION
ACTOR
Variety
Hollywood
Reporter
ACUPUNCTURIST
Acupuncture
International Association
American
Journal of Acupuncture
ADVERTISING/PUBLIC
RELATIONS
Advertising
Age
Ad
Week
AEROSPACE
POSITIONS
Aviation
Weekly and Space Technology
The
Air Jobs Digest
Aviation
Digest
Aerospace
America
AIRPLANE
PILOT/FLIGHT INSTRUCTOR
Trade-A-Plane
(Charter Pilot)
Aviation
Weekly (Flight Instructor)
Professional
Pilot (Multi-purpose)
Air
Transport (Airline Pilot)
ANESTHESIOLOGIST
Anesthesiology
ARCHITECT
Architectural
Record
Progressive
Architectural
LANDSCAPE
Landscape
Architecture
Magazine
for Garden Design
MARINE
Maritime
Reporter & Eng. News
CHEMIST
The
Scientist Classified Advertising Department
Clinical Chemistry News
Chemical Engineering
The Scientist
CHIROPRACTOR
The
Journal of the American Chiropractic Association
CORPORATE
MANAGERS/EXECUTIVES
The
Wall Street Journal
DENTIST
Journal
of the American Dental Association
Academy
of General Dentistry (AGD Impact)
ECONOMIST
The
Wall Street Journal
TEACHING
& RESEARCH
Chronicle
of Higher Education
AGRICULTURAL
American
Journal of Agricultural Economics
EMERGENCY
MEDICAL TECHNICIAN/PARAMEDIC
Emergency
Medical Service Magazine
Journal
of Emergency Medical Services
ENGINEER
Engineering
News/Record
AGRICULTURAL
Implement and Tractor
CERAMIC
ENGINEER
American Ceramics Society
Bulletin
CHEMICAL
Chemical & Engineering News
Chemical Engineer Process
Chemical Week
CIVIL
Engineering
News/Record
EOS
Civil Engineering ASCE
Electric Light and Power
Civil Engineering News
ELECTRICAL
and ELECTRONIC (Except as noted under Electronics Industries
Occupations)
IEEE Spectrum
ENTERTAINMENT
INDUSTRY
Daily
Variety
Hollywood
Reporter
FACULTY
MEMBER (University)
Chronicle
of Higher Education
FINANCIAL
and BUDGET OFFICER
The
Wall Street Journal
GEOLOGIST
EOS
Geotimes
Engineering
& Mining Journal
Journal
of Geophysical Research
AAPG
Explorer
LEGAL
OCCUPATIONS (Attorney, Paralegal & Secretary)
The
Arizona Attorney (Arizona)
The
Maricopa Lawyer (Arizona)
L.A.
Daily Journal (Los Angeles and Southern California)
The
Recorder (San Francisco and Northern California)
OCCUPATIONAL
THERAPY
The
American Journal of Occupational Therapy
ORGANIST
American
Guild of Organists
PATHOLOGIST
American
Journal of Clinical Pathology
Lab
Medicine
PETROLEUM INDUSTRY
Journal
of Petroleum Tech
Oil
and Gas Journal
PHARMACIST
American
Pharmacist Association
American
Druggist
Drug
Topics
Neuroscience
Newsletter
Journal
of Pharmaceutical Sciences
Pharmaceutical
Executive
PHYSICIAN
STAFF/TEACHING
The
Journal of the American Medical Association (JAMA)
New
England Journal of Medicine
Western
Journal of Medicine
Southern
Medical Journal
OB/GYN
News
Annals
of Internal Medicine
The
American Journal of Medicine
The
Medical Tribune
INTERN/RESIDENT
Employer
must utilize Intern/Resident Match Program
PHYSICIST
Science
Physics
Today
MRS
Bulletin
Advanced
Materials & Process
APPLIED RESEARCH
Chemical & Engineering
News
RESEARCH
Physics Today
SKI
INSTRUCTOR/RACE COACH/NORDIC SKI GUIDE
Gliding
Wedge (All other ski industry occupations should be advertised in a
newspaper of general circulation.)
TEACHER
Education
Week (Church-sponsored schools should use Church newsletters in
addition to Education Week.)
TELEPHONE
INDUSTRY (ENGINEER, TELECOMMUNICATIONS TECHNICIANS! SUPERVISOR/MIDDLE
MANAGER)
Telephony
URBAN PLANNERS
National
Cities Weekly
VETERINARIAN
Journal
of American Veterinary Medical Association (JAVMA)
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