Is that overseas job offer a ‘genuine’ fake?

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False is true.

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To determine the authenticity of a fake job offer, there must be a factual basis to verify the claim. Otherwise, to simply dismiss a job offer as fake is itself a lie.

With the twin specter of unemployment and terrorism raising the ire of locals in the US, Canada, Australia, New Zealand and especially the UK, right-wing nationalists have achieved success in getting governments to close borders as well as the birthing of candidates like the Donald who have so far trumped the efforts of the Republican Party to win and whine his way into the US presidential nomination.

That is true.

That immigrants are causing unemployment and exporting terrorism is false. The global financial crisis that shuttered factories and jobs in the financial and real-estate sector was precipitated by investment firms and financial institutions seeking to make profit from multi-layered investments, a game that most immigrants do not play nor have the capacity to engage in.

Foreign workers do not take away jobs from locals.

In a World of Labor article titled “Do migrants take the jobs of native workers?,” Professor Amelie F. Constant, program director at the Institute for the Study of Labor (IZA) www.iza.org/home/constant, visiting professor at the George Washington University and Temple University, and editor of the IZA Journal of Migration (www.izajom.com), lay down the pros and cons of the impact of migration on natives.

The report shows five reasons that “migrants rarely take native workers’ ” jobs, and indeed they tend to boost employment effects in the long term: 1) self-employed migrants directly create new jobs; 2) migrant innovators indirectly create jobs; 3) new migrants fill labor shortages and lubricate the labor markets; 4) the high-skilled migrants contribute to technological adaptation and the low-skilled to occupational mobility, specialization, and human capital creation, thus creating new jobs; 5) by raising demand, immigrants cause firms to expand and hire more workers.” More on this in another column.

Let us get back to the truth about job offers.

Fake job offers is a reality that new entrants to the labor force and career jumpers, or those who labor under a career ceiling, would have to contend with.

Offers of jobs in the US, Canada and the UK seem to be the most common. In a recent “The Visa Hour” episode held by the US Embassy recently, a participant asked if a job offer he received in her mailbox is genuine. Here’s what’s true.

US employers intending to recruit foreign workers in the US must comply with Labor and Immigration laws. A “simple job offer with official sounding words” is not enough.

A US Employer cannot just offer a job without complying with requirements set by the US Department of Labor. Then the employer must file and complete the proper official forms to sponsor the foreign worker to commence employment in the United States.

Be warned that the H-1B US work visas for jobs in specialty occupations (requiring a bachelor’s degree) may be filed only on April 1 of each year. There is a 65,000 quota worldwide (not just for Filipinos) and selection is by lottery.

The 65,000-visa allocation is filled in three to five days. This is the official link for the 2017 H-1B Cap Season: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2017-cap-season

Procedures employer must comply
The employer must have:

1. Articles of Incorporation with the Secretary of State where the business is located. The official site for the Secretary of State of California, for example, where you can check the business status is this link: http://www.sos.ca.gov/business-programs/business-entities/cbs-search-tips/

2. Business permit by the County where the business is in operation and located

3. Federal Employer Identification Number issued by the Internal Revenue Service

4. Obtained a prevailing wage request from the US Employment and Training Administration, US Department of Labor (ETA-DOL). This is the official website for employers seeking to recruit foreign workers: https://www.foreignlaborcert.doleta.gov/

5. Secured a Temporary Certification issued by the ETA-DOL if the petition is for a skilled worker where the job does not require a bachelor’s degree (for H-2B work visas). Check out the official procedures from the ETA website regarding Temporary Non-agricultural workers here: https://www.foreignlaborcert.doleta.gov/2015_H-2B_IFR.cfm

6. Filed a Labor Condition Application with ETA DOL (Office of Foreign Labor Certification) if the petition is for a job that requires a bachelor’s degree (for H-1B work visas)

7. Authentication of the above documents by the appropriate Philippine Overseas Labor Officer (POLO) assigned with the specific Philippine Consulate with jurisdiction over the employer’s place of business. Click this link for POLO info: http://www.dole.gov.ph/pages/view/24

8. Filed and obtained Approval of an I-129 Petition for a Nonimmigrant Worker from the US Citizenship and Immigration Services. This is the link to official info on how to file the I-129 Petition: https://www.uscis.gov/i-129

9. Checked out the issuing USCIS Service Center. There are four service centers, one each in California, Nebraska, Texas and Vermont. For contact info and processing times, this is the link: https://egov.uscis.gov/cris/processTimesDisplayInit.do

10. Paid the fees for the I-129 petition (currently $325 basic fee) as well as the Premium Processing fees if the employer wants to have processing decision within 15-30 days.

Tips to determine if canadian job offer is genuine
Are jobs still plentiful in Canada despite the oil glut that affected oil-producing provinces as well as the downs and ups of the Chinese economy?

Bank of Canada says “yes.”

Carolyn Wilkins, senior deputy governor of the bank explains “the Chinese economy has the potential to grow at 6 percent a year for another 15 years, more than doubling its economy and sustaining its appetite for Canadian goods.”

So what jobs are available within the next 15 years or before China’s appetite for imports resumes?

Canada’s Job Bank has the official answers: http://www.jobbank.gc.ca/LMI_bulletin.do

From the private sector, Canadian Business lists the Top 100 jobs: http://www.canadianbusiness.com/lists-and-rankings/best-jobs/2015-top-100-jobs-in-canada/

“We are seeing some positive signs for Canadian job seekers, with overall employment in the country surpassing 18 million for the first time,” said Michelle Dunnill, Manpower Area manager for Toronto. “Employment in natural resources continues its downward trend, particularly in Alberta. However, we expect modest gains overall in the coming quarter, led by stronger growth in the transportation, construction and manufacturing – durables sectors.”

Workopolis, a legitimate job-bank source reports that increased hiring is predicted in manufacturing, public administration, transportation and public utilities, finance, insurance and real estate as well as in wholesale and retail trade.

Foreign Workers
Canadian businesses recruiting from overseas for these top jobs need to comply with the rules in place for foreign workers.

Generally, Canadian employers intending to recruit and employ foreign workers must get a Labor Market Impact Assessment (LMIA) to hire a foreign worker: http://www.esdc.gc.ca/en/foreign_workers/hire/index.page

Not all foreign workers, however, need a permit to work in Canada: http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

For those who need to apply and obtain a work permit, the employer must comply with foreign worker recruitment: http://www.cic.gc.ca/english/work/apply-who-permit.asp

An LMIA is not required if you are applying for an open work permit (such as work permit for international students or the spouses of a foreign student enrolled full-time in an approved academic study as well as the spouse or partner of a foreign worker in Canada).

Here’s the link for rules when applying for Canadian Work Permit outside Canada: http://www.cic.gc.ca/english/information/applications/guides/5487ETOC.asp

Role of the Philippine Government
As part of its mandate to protect Filipino professionals and skilled workers intending to work overseas, the Department of Labor and Employment requires overseas employers to register with the appropriate Philippine Overseas Labor Office/Labor Attache evidence of the legitimate job offer. This includes official records that the employer has the required permit or license to operate, the financial ability to pay the wages for the worker being recruited and has not been involved in labor disputes. Click this link for information on the specific POLO officer to verify a job offer from: http://www.dole.gov.ph/pages/view/24

Whether applying or being recruited directly (called direct or name hire) or going through a licensed recruitment agency in good standing, the OFW or OFW-to-be must have the job offer and other documents of the employer verified and accredited by the appropriate Philippine Overseas Labor Officer with jurisdiction over the Canadian employer’s place of business (where the OFW will work). Click this link for POLO info: http://www.dole.gov.ph/pages/view/24

If a job offer in your email box does not meet these requirements, it is a genuine fake.

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