Posted Notice
The employer must post notice of the job opportunity
for at least ten consecutive business days.
The notice period must be between 180 and 30 days before filing. The notice must contain the
salary, but may contain a wage range, so long as the lower level of the range meets or exceeds
the prevailing wage. The comments clarify that the primary purpose of the posted notice is to give
employees an opportunity to comment on the application and that the posted notice is not another
way to recruit US workers. As required by IMMACT 90, the notice must say that any person may
provide documentary evidence bearing on the application to the CO. This is similar to the current
regulation.
Use of Other In-House Media
In addition to printed posted notice, the employer
must use any and all in- house media, whether
electronic or printed, in accordance with normal procedures used for recruitment for similar
positions in the organization. This appears to allow employers to avoid listing executive- level
positions in in-house media if it is not normal practice to do so. The new ETA 9089 form, which
replaces Form ETA 750 for most types of cases, does not specifically require the employer to
attest that he or she has advertised the job through inhouse media. Duration of the in- house
media notification, per the comment, may be as long as other comparable positions are posted.
