The PERM labor certification process is the first step for U.S. employers sponsoring a foreign worker for permanent residency. Although it is only one stage in the green card process, it is often considered the most critical. Without an approved PERM from the Department of Labor (DOL), the green card process cannot move forward.

At its core, PERM recruitment ensures that hiring a foreign worker will not displace qualified U.S. workers. Employers must demonstrate that no able, willing, qualified, and available U.S. workers apply for the role by conducting good faith recruitment. This involves placing advertisements, reviewing resumes, and documenting all steps taken to test the U.S. labor market.

Mandatory PERM Recruitment Steps

Whether the position is professional (requiring a bachelor’s degree or higher) or non-professional, the DOL requires three key recruitment efforts:

1. Two Sunday newspaper advertisements

2. A State Workforce Agency (SWA) job order

3. A Notice of Filing (NOF)
   

Failure to follow these steps precisely can result in PERM denial and force employers to restart the process.

Sunday Newspaper Advertisements

Employers must place two print ads in a Sunday edition of a newspaper with general circulation in the area of intended employment. Requirements include:

• Employer’s name (mandatory)
• Instructions on where to send applications (email, P.O. Box, or other contact)
• Job description sufficient to inform U.S. workers of the opportunity
• Geographic location of the position or any instance of unique worksite issues

Note: While many industries omit employer names in job postings, PERM ads must include them. This ensures transparency for job seekers and compliance with DOL audits.

Wage Disclosure and Equal Pay Transparency (EPT) Laws

Although PERM ads do not require wages, some states and localities now enforce Equal Pay Transparency (EPT) laws, which may mandate salary disclosure. These laws vary widely, and penalties for noncompliance can be significant. Employers should consult their immigration counsel to balance federal PERM rules with local EPT requirements.

Exceptions

• If the role requires advanced education, one of the ads may be placed in a professional journal instead of a newspaper.
• For rural areas without a Sunday edition, employers may use the newspaper with the widest local circulation.

State Workforce Agency (SWA) Job Order

The SWA job order is the second mandatory step. Employers must:

• Post the job order for at least 30 consecutive days

• Ensure the posting ends 30 days before filing the PERM application

• Include the same details required in Sunday ads (job title, duties, location, employer information)

Each state may impose additional requirements. Employers should comply with both DOL regulations and state-specific rules to avoid compliance issues.

Notice of Filing (NOF)

The Notice of Filing is not a recruitment step but a compliance measure. It notifies existing employees that a PERM application will be filed. Requirements include:

• Posting in a conspicuous place at the job location for 10 consecutive business days

• Inclusion in internal company job boards or media normally used for hiring
• Must state:
  • That a labor certification application will be filed
  • Job details, including rate of pay (or pay range if appropriate)
  • That any person may provide documentary evidence bearing on the application to the Department of Labor
  • Contact information for the Certifying Officer

Why PERM Compliance Matters

Any errors in mandatory recruitment steps can lead to PERM denial, causing delays and additional costs. Employers should approach recruitment with precision and consistency.

Working with an experienced immigration attorney ensures:

• Compliance with PERM regulations
• Proper handling of Equal Pay Transparency requirements
• Accurate documentation in case of a DOL audit

Partner with Experienced Immigration Counsel

For more than 25 years, Reddy Neumann Brown PC has focused exclusively on U.S. employment-based immigration. Our team guides employers through every stage of the PERM labor certification process, ensuring compliance and minimizing risks.

📞 Contact us at 713-953-7787 or schedule a consultation online to discuss your immigration needs.

By: Jessica Palarca

Jessica Palarca is an Senior Associate Attorney in Reddy Neumann Brown PC’s PERM Labor Certification Department where she assists clients in the beginning stages of the green card process.