Reposting Michigan and Montana SWA Job Orders to Meet the Thirty-Day PERM Requirement
Reposting Michigan and Montana SWA Job Orders to Meet the Thirty-Day PERM Requirement
By Tais Vilela Ribeiro Quinhones
State Workforce Agencies (SWAs) play an important role in employment-based immigration recruitment, particularly within the PERM Labor Certification process. Under the U.S. Department of Labor recruitment guidelines and 20 CFR § 656.17, the SWA job order must be placed for at least thirty consecutive days, and the specific start and end dates entered on the application serve as documentation of this step.
At Park Advertising, we keep clients ahead of the state-by-state rules that affect SWA recruitment. In both Michigan and Montana, this comes down to timing and duration.
In Michigan, the SWA is Pure Michigan Talent Connect. According to the state’s Employer User Guide, postings on the platform can run for a minimum of two days and a maximum of thirty days. Because postings cannot exceed thirty days, positions that must remain live for a longer period will need to be reposted to satisfy the full recruitment timeframe. In addition, during the first 24 hours after posting, the job is visible only to veterans who have indicated their veteran status on their account, per the federally mandated Veterans’ Preference requirement. The general public can then view the posting once that window closes.
In Montana, the SWA is MontanaWorks, operated by the Montana Department of Labor & Industry. According to the US National Labor Exchange (USNLx) Registration & Job Posting Guide, postings default to a thirty-day expiration. Each posting also requires approval before it becomes visible to job seekers, so it will not appear immediately upon submission.
Park reviews each SWA order our clients submit to confirm that the job will be live and visible to all candidates for the full period requested. For Michigan and Montana SWA postings, that means verifying how long the job will remain active and, when needed, arranging a repost so it stays live for the entire thirty-day required period.
We successfully help our clients manage advertising across a variety of locations, communicating openly throughout the process to achieve compliant results.
Questions? Reach out to [email protected] on your next case.
Helpful resources include:
https://www.mitalent.org/Media/Default/Files/Tutorials/Employer_User_Guide_11.2021.pdf
https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-C/section-656.17