I am in the process of switching from EB3 to EB2 through a new position with the same employer. I saw this new position posted on my employer's web site, I interviewed and I got the job. For reasons that would be too lengthy to explain here, we cannot use the recruiting my employer just did in connection with this new job to support my PERM and we have to start all over.
My employer is now being hesitant about reposting the position on their web site because of the fact that they JUST did internal recruiting for this position. They are afraid that the applicants who did not qualify may inquire why the job is being offered again and they want to avoid being put in an awkward position. It was therefore suggested to post the job with a disclaimer, specifying that the job is being reposted for the purpose of recruiting in connection with a green card application. But my attorney says that this defeats the point of the ad as the job needs to be posted in a way that encourages US citizens to apply. My employer claims they have done this before and that it is standard, but my attorney disagrees. Has anyone used similar “disclaimers” in their posting? What is the solution to this dilemma?
I appreciate any feedback!
My employer is now being hesitant about reposting the position on their web site because of the fact that they JUST did internal recruiting for this position. They are afraid that the applicants who did not qualify may inquire why the job is being offered again and they want to avoid being put in an awkward position. It was therefore suggested to post the job with a disclaimer, specifying that the job is being reposted for the purpose of recruiting in connection with a green card application. But my attorney says that this defeats the point of the ad as the job needs to be posted in a way that encourages US citizens to apply. My employer claims they have done this before and that it is standard, but my attorney disagrees. Has anyone used similar “disclaimers” in their posting? What is the solution to this dilemma?
I appreciate any feedback!