Perm Advertising Requirements & Process | An In-Depth Look

Introduction

The Program Electronic Review Management (PERM) labor certification process is a crucial step for U.S. employers seeking to hire foreign workers for permanent positions and sponsor them for green cards.

Employers must demonstrate that they have conducted extensive recruitment efforts to ensure that no qualified U.S. workers are available for the role before filing the ETA Form 9089.

This guide provides a step-by-step breakdown of the PERM advertising process, for both professional and nonprofessional occupations, including required steps, best practices, compliance requirements, and ways to minimize delays and audits.

Understanding the PERM Advertising Process

The PERM advertising process involves strict recruitment steps to prove that no qualified U.S. workers are available for the job. Employers must attest that they have completed these steps before submitting the PERM application. Failure to comply can lead to an audit, delaying the visa or green card process.

Key Requirements:

• Employers must advertise the job widely to give U.S. workers a fair chance.
• Employers cannot shift PERM-related costs to the foreign worker (includes advertising and attorney fees).
• Records must be meticulously maintained to comply with potential audits.

Learn more about PERM regulations on the U.S. Department of Labor website.

Maximizing PERM Advertising Efforts

Before we get into the detailed steps of PERM, it is important to identify some key concepts to maximize success and reduce the chances of Department of Labor audit.

To ensure successful PERM labor certification, employers must effectively advertise job openings. Given the evolving job market and diverse labor force, leveraging multiple recruitment channels is crucial. Below are key strategies to enhance PERM advertising:

• Newspaper & Professional Journals: Employers must place job ads in a widely circulated Sunday newspaper on two separate Sundays and in a relevant professional journal.
• Company Website: A job posting on the employer’s website provides additional exposure and should be documented with screenshots.
• Online Job Portals: Posting on job boards such as Indeed, LinkedIn, or Glassdoor can help attract a broader audience.
• Trade Associations & Community Networks: Consider advertising in industry-related publications or local job fairs.
• In-House Job Posting: Display the job listing at the company’s worksite for at least 10 consecutive business days.
• Radio and Television Advertisements: Employers can use radio and television advertisements to reach a broader audience and ensure compliance with PERM advertising requirements.

Employers must keep thorough records, including print copies and online screenshots, to ensure compliance.

How to Minimize the Risk of an Audit

The Department of Labor (DOL) conducts random and targeted audits to verify compliance with PERM regulations. Steps to reduce audit risks include:

• Strict Adherence to PERM Rules: Ensure all recruitment steps align with DOL requirements.
• Transparent & Documented Recruitment: Keep a detailed recruitment report outlining all job advertisements, applicant evaluations, and justifications for rejections.
• Avoid Preference-Based Hiring: PERM regulations require employers to give preference to qualified U.S. workers before considering foreign candidates.
• Keep Payroll & Financial Records: Employers should maintain records demonstrating their ability to pay the prevailing wage.

Breakdown of the PERM Recruitment Process

Employers must follow a structured recruitment process, including mandatory and additional recruitment steps, to comply with PERM regulations.

1. Mandatory Recruitment Steps for All Occupations

All PERM applications, whether for professional or non-professional occupations, require the following recruitment activities:

• Two Sunday Print Advertisements
• Published in a newspaper of general circulation in the area of employment.
• The newspaper should be relevant to the occupation and most likely to attract responses from eligible U.S. workers.
• If a Sunday edition is unavailable in rural areas, the employer may use the newspaper with the widest circulation.
• State Workforce Agency (SWA) Job Order
• The employer must post job orders with the SWA serving the area of intended employment for at least 30 days. This step is crucial for ensuring compliance with the regulations during the recruitment phase of the labor certification process and must be coordinated with the state’s workforce agency.
• Notice of Filing (NOF)
• A 10-day consecutive business posting at the employer’s job site.
• Must be visible to current employees.

2. Additional Recruitment Steps for Professional Occupations

For professional occupations (jobs that typically require a bachelor’s degree or higher), employers must select three additional recruitment methods from the following:

• Job fairs
• Employer’s website
• Third-party job search websites (Indeed, LinkedIn, etc.)
• On-campus recruitment
• Trade or professional organizations
• Private employment agencies
• Employee referral program (if documented with incentives)
• Campus placement offices
• Local or ethnic newspapers
• Radio or television advertisements

3. Advertisement Content Requirements

Each recruitment advertisement must meet DOL content requirements outlined in 20 CFR §656.17(f):

Every job advertisement must include:

✅ Employer name

✅ Instructions for application (email, mailing address, or website)

✅ Detailed job description

✅ Location of employment

✅ Wage rate (must meet or exceed the prevailing wage)

✅ Job duties (matching ETA Form 9089)

✅ Non-discriminatory terms (cannot favor foreign workers over U.S. applicants)

---

 

Job Requirements & Business Necessity

General Rules for Job Duties

The job’s requirements must:

• Align with industry norms.
• Be justified if they exceed common standards.
• Be essential to the business.

Foreign Language Requirement

A foreign language can only be required if:

✅ The job genuinely requires it (e.g., translator roles).

✅ The company serves non-English speaking customers and can provide proof.

✅ Marketing efforts target foreign markets, justifying bilingual skills.

Combination of Job Roles

If a role combines multiple duties (e.g., IT Specialist & Graphic Designer), the employer must prove:

• The company traditionally employs such hybrid roles.
• The local job market supports such combined roles.
• The combination is necessary for business efficiency.

---

Minimum Requirements & Training Considerations

Evaluating Minimum Qualifications

• Employers cannot list requirements stricter than what they expect from U.S. workers.
• If a foreign worker already works for the company, their qualifications at hiring will be reviewed.
• Any employer-provided training for foreign workers must also be offered to U.S. candidates.
• Employers must ensure that any rejection of U.S. workers is based on a lawful job related reason, such as lack of necessary skills or experience. These lawful job related reasons must be documented in the employer’s recruitment report to avoid scrutiny by the Certifying Officer.

Employment Conditions

✅ Work conditions must match industry standards.

✅ Live-in roles (e.g., domestic workers) must be justified by necessity.

✅ Wages must meet the prevailing wage set by the DOL Wage Determination

 4. Documentation for Recruitment Steps

Employers must maintain extensive documentation of all recruitment efforts to demonstrate compliance with PERM regulations. This documentation is not submitted with the initial application but must be available in case of an audit by the DOL.

Examples of required documentation:

• Newspaper Advertisements: Copies of the published ads, proof of publication, original or electronic tearsheets.
• SWA Job Order: Start and end dates documented in the PERM application.
• Notice of Filing: A copy of the posting and verification of its location.
• Additional Recruitment Steps:
  • Job fairs: Brochures or newspaper ads listing the employer’s participation.
  • Employer’s website: Screenshots of the job listing with timestamps.
  • Job search websites: Screenshots of the listing from third-party job boards.
  • On-campus recruitment: Copies of university placement office announcements.
  • Trade publications: Copies of trade journal ads.
  • Radio/TV ads: Employer’s advertisement text and confirmation from the media outlet.

Recruitment Timeline

The recruitment process follows a strict 30- to 180-day timeframe before filing the PERM application:

• Recruitment efforts must begin no earlier than 180 days before filing the application.
• All mandatory and additional recruitment steps must be completed at least 30 days before filing.
• One additional recruitment step may be conducted within the 30-day window before filing.

 

 

 

PERM Audits: Ensuring Compliance

The DOL conducts audits on randomly selected PERM applications to ensure compliance. Employers must be prepared to provide:

• Evidence of all recruitment efforts
• Copies of resumes and job applications received
• Recruitment report signed by the employer detailing:
• The number of applicants
• The number of hires
• Reasons for rejecting any U.S. applicants (must be job-related and lawful). These lawful job related reasons must be clearly documented to ensure compliance and avoid potential issues during an audit.

How PERM Advertising Affects Audits

Failure to comply with PERM requirements can lead to an audit. Common triggers include:

• Layoffs: If layoffs occurred in the past six months, additional scrutiny is likely.
• Foreign Language Requirement: Positions requiring foreign language skills may be questioned.
• Employee Referrals: Hiring through referral programs can prompt an audit.

Best Practices to Avoid Audits:

• Keep detailed records of all recruitment activities.
• Follow wage requirements.

Ensure a fair and transparent hiring process

 

Best Practices for a Smooth PERM Process

• Start early: Given the strict timelines, begin the recruitment process as soon as possible.
• Maintain detailed records: Proper documentation is critical in case of an audit.
• Seek professional guidance: Consulting an immigration attorney can help navigate complexities and avoid errors.
• Use multiple recruitment channels: A diverse recruitment strategy increases the chances of fulfilling requirements efficiently.

 

Key Steps in the Labor Certification Process

1. Determine the Prevailing Wage
2. Place a Job Order with the State Workforce Agency (SWA)
3. Publish Newspaper or Professional Journal Ads
4. Post an Internal Job Notice (Notice of Filing)
5. Conduct Additional Recruitment (for professional roles)
6. Interview and Document Recruitment Results
7. File Form ETA-9089

---

Step 1: Prevailing Wage Determination (PWD)

Before advertising the position, the employer must obtain a Prevailing Wage Determination (PWD) from the DOL. The prevailing wage is the standard wage for a particular job in a specific geographic area.

• How the Wage is Determined:
  • The U.S. Bureau of Labor Statistics compiles wage data.
  • The employer must pay at least the prevailing wage for the position.
• Steps to Obtain a Prevailing Wage Determination:

• Submit a request to the DOL.
• Receive the prevailing wage rate for the specific job location and industry.
• Use this rate in all job postings and recruitment efforts.

Why PWD Matters:

• Ensures foreign workers are not hired at a lower wage than the U.S. workforce.
• Helps prevent underpayment and labor exploitation.
• If the wage is included in job advertisements, it must meet or exceed the prevailing wage.

Where to Request PWD: DOL Prevailing Wage Portal

 

Step 2: Placing a Job Order with the SWA

Employers must place a job order with the appropriate State Workforce Agency (SWA) where the job is located.

Job Order Requirements:

• Must run for at least 30 consecutive days, including weekends.
• Should include key job details like responsibilities, location, and application instructions.
• A waiting period of 30 days must be observed after the job order ends before filing Form ETA-9089.

Step 3: Newspaper or Professional Journal Advertisements

Employers must publish two print ads in a widely circulated Sunday newspaper in the job’s location.

Ad Requirements:

• Must be published in two separate Sunday editions.
• Should be in a general circulation newspaper where the job is located.
• If the job is in a rural area without a Sunday newspaper, use the most widely circulated daily.
• Ads must contain:
  • Employer’s name.
  • How to apply.
  • A brief job description.
  • Any required travel or job location details.

For college-level or highly specialized jobs, employers can substitute one newspaper ad with a professional journal advertisement.

 

 

Step 4: Internal Job Posting (Notice of Filing – NOF)

A Notice of Filing (NOF) must be posted at the workplace to inform current employees of the job opportunity.

Posting Requirements:

• Must be posted for at least 10 consecutive business days.
• Must include:
  • Business name and location.
  • Job description and offered wage.
  • Employer contact details.
  • Address of the Certifying Officer handling the case.
• If the position is unionized, notice must be given to the union representative.

Common NOF Mistakes That Can Lead to Denial:

• Missing wage information or incorrect employer details.
• Failure to document NOF posting dates.
• Differences between the NOF and ETA-9089 details.

Step 5: Additional PERM Recruitment for Professional Jobs

Professional Occupations Recruitment

If the job requires at least a bachelor’s degree, it falls under professional occupation recruitment as per 20 CFR §656.17(e)(1).

Mandatory Recruitment Steps

Employers must complete these steps 30 to 180 days before filing:

1. Job Order
   • Post a job order with the State Workforce Agency (SWA) serving the area of intended employment.
   • Keep records of the start and end dates as documentation.
2. Newspaper or Professional Journal Advertising
   • Advertise in a Sunday edition of a newspaper twice in the area of employment.
   • If a professional journal is more appropriate, one of the ads may be placed there instead.
   • Provide copies of the publication or a proof of publication document.

Additional Recruitment Steps (Select Three)

In addition to mandatory steps, employers must choose three from the following:

• Job Fairs – Participation in recruitment events.
• Employer Website Posting – Advertise on the company’s career page.
• Third-Party Job Boards – Post on platforms like Indeed, LinkedIn, or Glassdoor.
• On-Campus Recruitment – Collaborate with university placement offices.
• Trade or Professional Organization Ads – Post in industry-specific groups or websites.
• Private Employment Firms – Work with a recruitment agency.
• Employee Referral Programs – Offer incentives for referrals.
• Campus Placement Office Ads – Share listings with university job boards.
• Local or Ethnic Newspapers – Advertise in regionally targeted publications.
• Radio or TV Ads – Broadcast job opportunities.

Note: Only one step can occur within 30 days of filing. None may occur more than 180 days prior.

See official recruitment guidelines from the Department of Labor here.

Pro Tip:

Run all recruitment efforts simultaneously to minimize delays since a 30-day waiting period applies after advertising before filing Form ETA-9089.

Step 6: Reviewing and Documenting Recruitment Efforts

Once recruitment is complete, the employer must evaluate applicants and document the results.

Important Guidelines:

• Interview all applicants who meet the minimum qualifications.
• Keep records of all resumes, interview notes, and rejection reasons.
• Valid rejection reasons include:
• Each rejection must be based on a lawful job related reason, such as lacking required experience, skills, or education.
• Not available to work at the required location.
• Inability to pass background checks or licensing requirements.

Common PERM Audit Triggers:

• Rejecting U.S. workers without valid reasons.
• Having family ties between the employer and foreign worker.
• Employer layoffs or workforce reductions.
• Reapplying after a previous denial.

Recruitment Report

Once recruitment is complete, the employer must submit a Recruitment Report detailing:

Documenting the PERM Recruitment Process

Maintaining a detailed PERM Recruitment Report is critical. This report should include:

✔️ Copies of all advertisements (newspaper clippings, screenshots, website printouts, etc.)

✔️ Proof of job postings (job order confirmation from SWA, company career site, etc.)

✔️ Records of applicants who applied (resumes, cover letters, interview notes, rejection reasons)

✔️ Justification for not hiring U.S. applicants (must be job-related and legally valid)

✔️Recruitment summary detailing how the employer tested the labor market

🔍 The DOL will review this report to determine compliance and whether qualified U.S. workers were available.

The Certifying Officer (CO) may request copies of resumes from U.S. applicants.

Key Considerations for Rejecting U.S. Workers

A U.S. applicant is considered qualified unless they:

• Lack the minimum qualifications stated in the job posting.
• Cannot gain the required skills through reasonable on-the-job training.
• Fail to meet the essential requirements documented in the job description.

Step 7: Filing ETA-9089

After completing the recruitment process, the employer can file Form ETA-9089 with the DOL.

Key Filing Considerations:

• Must be filed within 180 days of recruitment efforts.
• Information must match job advertisements exactly.
• Be prepared for random audits (~30% of cases are audited).

File Form ETA-9089 Here

---

PERM Recruitment Timeline

⏳ Key Timeframes to Remember:

• Recruitment must be conducted within 30-180 days before filing the PERM application.

One additional recruitment step can be conducted within 30 days before submission

Suggested Recruitment Timeline

Recruitment Step	Recommended Timing
Prevailing Wage Determination (PWD)	6-7 months before filing
Start Recruitment Process	4-5 months before filing
Complete Recruitment & Document Efforts	1-2 months before filing
Submit PERM Application	After 30-180 days of recruitment completion

Important Time Restrictions for Employers

Task	Duration
Job Order Posting	30 consecutive calendar days
Posting Notice at Worksite	10 consecutive business days
Waiting Period Before Filing ETA 9089	At least 30 days after job order completion
Ads Must Be Recent	No older than 180 days before filing

Example Timeline:

• Job order runs from January 1 – January 31.
• Posting notice displayed from January 5 – January 19.
• Employer must wait until March 2 before filing ETA Form 9089.

---

 

 What to Expect If DOL Audits Your PERM Application

The DOL audits a percentage of PERM applications, both randomly and for specific triggers. If selected for an audit, the employer must provide detailed recruitment records.

Common Reasons for DOL Audits:

• Job requirements that seem tailored to the foreign worker.
• Foreign language requirements not justified by business necessity.
• Qualifications that exceed industry norms.
• Experience gained with the same employer being used to meet job requirements.
• Family relationships or ownership ties between the employer and employee.

How to Prepare for an Audit:

✅ Maintain detailed recruitment documentation (e.g., resumes, interview notes, proof of job postings).

✅ Justify any unique job requirements with strong business reasons.

✅ Ensure all recruitment steps follow DOL guidelines.

PERM Denial and Audit Risks

If a PERM application is denied, employers have two options:

1. Motion to Reconsider

• Provide additional evidence or correct minor errors.

2. Request for Review (Appeal to BALCA)

• Escalate the case to the Board of Alien Labor Certification Appeals (BALCA) for reconsideration.

Supervised Recruitment

• If previous PERM applications were non-compliant, the employer may be placed under Supervised Recruitment, requiring DOL approval at every step.

Next Steps After PERM Approval

Once PERM is approved, the employer must file Form I-140 with USCIS to sponsor the worker for a green card.

• If the foreign worker is inside the U.S., they can apply for adjustment of status (Form I-485).
• If outside the U.S., they must go through consular processing.

Click here for guidance on filing Form I-140.

Best Practices for a Smooth PERM Process

✅ Start early! Recruitment and documentation take time.

✅ Keep meticulous records of all recruitment efforts and applicant responses.

✅ Ensure compliance by consulting an immigration attorney or expert.

✅ Follow exact posting and advertisement guidelines to avoid audit triggers.

✅ Use multiple job boards and recruitment channels to maximize outreach.

✅ Regularly check PERM processing times to adjust recruitment plans accordingly.

📌 Check current PERM processing times here

---

FAQs on Advertising Requirements for the PERM Labor Certification Process

---

1. General PERM Advertising Requirements

Q1: What are the advertising requirements for PERM labor certification?

A: PERM regulations require employers to conduct a mandatory recruitment process, which includes:

• Two print advertisements in a major Sunday newspaper in the area of intended employment.
• A 30-day job order placed with the State Workforce Agency (SWA).
• Three additional recruitment steps (for professional occupations).
• A Notice of Filing (NOF) posted at the employer’s place of business.

---

Q2: What newspapers qualify for PERM advertising?

A: The advertisements must appear in a major newspaper of general circulation in the area of intended employment on two different Sundays. The newspaper must be widely circulated and have a large readership base relevant to the job location.

---

Q3: What are the additional three recruitment steps for professional occupations?

A: If the position requires a college degree or higher, the employer must choose three additional recruitment methods from the following:

• Employer’s website
• Job search website (e.g., Indeed, Monster, CareerBuilder, LinkedIn, etc.)
• Employee referral program
• Trade or professional organization posting
• On-campus recruiting
• Private employment firm
• Local or ethnic newspaper
• Radio or television advertisement

---

Q4: How long should the State Workforce Agency (SWA) job order be posted?

A: The SWA job order must be posted for a minimum of 30 consecutive days in the state where the job is located.

---

2. PERM Notice of Filing (NOF) Requirements

Q5: What is the Notice of Filing (NOF)?

A: The Notice of Filing is an internal job posting that informs employees at the employer’s worksite about the intention to file a PERM application for a foreign worker.

---

Q6: Where should the Notice of Filing be posted?

A: The NOF must be:

• Physically posted at the worksite in a conspicuous location where employees can easily see it (e.g., breakroom, bulletin board).
• Posted for at least 10 consecutive business days.
• If applicable, posted in electronic format (e.g., company intranet or email notification) if that is the primary method of company communication.

---

Q7: What information should be included in the NOF?

A: The NOF must include:

• Job title and duties
• Job location
• Minimum education and experience requirements
• Wage offered (which must meet or exceed the prevailing wage)
• Statement indicating that PERM labor certification will be filed
• Contact information for submitting applications
• DOL’s required legal statement regarding discrimination and workers’ rights

---

Q8: Does the Notice of Filing need to be posted at all worksite locations?

A: If the job requires work at multiple locations, the NOF should be posted at the primary worksite and potentially at other locations where employees who may qualify are based.

---

3. Timing and Duration of PERM Recruitment

Q9: When should the recruitment process be completed?

A: The entire recruitment process must be conducted within 180 days before filing the PERM application. However, no recruitment step should be completed more than 30 days before filing (except for the SWA job order and internal NOF).

---

Q10: Can the employer reuse old job advertisements?

A: No. The advertising and recruitment efforts must be specific to the PERM application and completed within 180 days before submission.

---

4. PERM Advertising Costs and Compliance

Q11: Who is responsible for paying for PERM-related advertising?

A: The employer must pay all PERM recruitment costs, including advertising expenses. The foreign worker cannot reimburse or contribute to these costs.

---

Q12: What if a mistake is made in the job advertisement?

A: If the advertisement contains errors (e.g., incorrect job location, salary, or qualifications), the employer must redo the advertisement to ensure compliance with PERM rules.

---

5. Common and Uncommon PERM Advertising Issues

Q13: What happens if a qualified U.S. worker applies for the job?

A: If a qualified U.S. worker applies and meets the minimum job requirements, the employer must either:

• Hire the U.S. worker and withdraw the PERM process OR
• Justify why the applicant was not qualified based on job-related reasons (e.g., lack of required experience, education, or skills).

Failure to conduct fair recruitment may result in PERM denial.

---

Q14: Can the employer reject U.S. applicants who demand higher wages?

A: No. The employer cannot reject an applicant solely because they requested a higher salary than what was advertised. However, if the applicant declines the job offer due to the offered wage, they may be lawfully disqualified.

---

Q15: Can an employer use recruitment conducted for a different role?

A: No. The recruitment must be specific to the job opportunity listed on the PERM application. Even slight differences in job title, duties, or location require a new recruitment process.

---

Q16: Can the job advertisements include additional job requirements?

A: No. The job posting must match the details on the PERM application. Adding extra preferences or conditions beyond what is listed can result in denial.

---

Q17: Is online advertising (e.g., Indeed, LinkedIn) sufficient?

A: No. Online job postings are considered supplementary but cannot replace the mandatory Sunday newspaper ads and SWA job order.

---

Q18: Can an employer post an advertisement before obtaining a prevailing wage determination (PWD)?

A: No. The employer must wait for the PWD from the DOL before initiating recruitment to ensure compliance with the wage requirement.

---

Q19: Can the employer conduct additional recruitment beyond PERM requirements?

A: Yes. However, any additional recruitment (e.g., hiring agencies, networking events) must not contradict or undermine the PERM process.

---

Q20: What if the employer receives a PERM audit regarding recruitment?

A: If audited, the employer must provide documentation proving all recruitment steps were completed correctly and within the required timeframe, including:

• Copies of newspaper ads
• Screenshots of online postings
• Proof of NOF posting
• SWA job order confirmation
• Recruitment report detailing applicants and reasons for rejection

---

Final Thoughts

The PERM recruitment process is a rigorous and highly regulated process. Employers must ensure compliance by documenting each step properly. A well-organized recruitment strategy increases the chances of successful PERM approval.

For more information on prevailing wage determinations, visit the U.S. Department of Labor Website.

Why Choose Herman Legal Group?

Navigating the PERM advertising process can be complex. Seeking professional legal assistance ensures compliance and minimizes delays. Herman Legal Group offers:

• Expert Guidance: Immigration lawyers specializing in PERM advertising.
• Audit Preparation: Assistance in compiling thorough documentation.
• Application Filing Support: Ensuring compliance with all DOL requirements.

Schedule a Consultation Here or call 1-216-696-6170.

---

Conclusion

Employers must adhere to strict PERM advertising regulations to ensure a smooth labor certification process. By following all recruitment steps, documenting hiring efforts, and seeking legal assistance when needed, businesses can minimize audit risks and successfully complete the PERM certification.

For expert guidance, consult Herman Legal Group today!

---

Resources and Additional Information

For official guidelines and additional details, visit:

• U.S. Department of Labor (DOL) PERM Information: DOL PERM Website
• Board of Alien Labor Certification Appeals (BALCA) Case Decisions: BALCA Decisions
• State Workforce Agencies (SWAs) Job Order Posting: State Workforce Agencies List

 DOL Foreign Labor Certification

• ETA-9089 Form Submission
• Prevailing Wage Information

.