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203 I have seen many people pre-advertise for a position (i.e. not get the job opening approved before hand) and thus save a significant period of time in getting the LC.




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203 I have seen many people pre-advertise for a position (i.e. not get the job opening approved before hand) and thus save a significant period of time in getting the LC.

From what I gather, people seem to have a fair
amount of success in this.
However, my company lawyers are strongly opposed to it. DO YOU KNOW WHAT
THE SUCCESS RATE OF THIS IS? Is it any different in NY from other places
like DC area?


The success rate of pre-recruiment varies widely from state to state,
occupation to occupation and from time to time. It is strongly
discouraged in some regions for some jobs, while it is a good practice in
some other DOL regions. For example, regions I know are likely to create
problems in computer occupations pre-advertise: New York, Boston, Texas
(unless you do it right). I always check with the related U.S. DOL and
local employment agency before filing (even that does not assure success
in all cases).

The big problem most companies have with pre-recruitment is that the
company's name must appear in the advertisement along with a salary
figure (or range). This creates problems for them. BTW, blind ads
are also possible under certain circumstances.



 

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previous page: 202 Can one apply for GC through an employer while on H-1 for another employer?
  
page up: USA Visa and Immigration FAQ
  
next page: 204  If the second category (EB 2) also needs the labor certifications(exceptin cases of national interest), what is the benefit of this overapplications in the third category?