Obtaining a labor certification (PERM) from the U.S. Department of Labor (DOL) is the first and most critical step in sponsoring a foreign worker for a green card. PERM establishes whether U.S. workers are available for the role and ensures the protection of the domestic workforce. A successful PERM application lays the foundation for the entire green card process.

Why Recruitment Is Required in PERM

Before filing a PERM application, employers must prove that no able, willing, qualified, and available U.S. workers exist for the job. This is done by testing the U.S. labor market through good faith recruitment efforts—advertising the position, reviewing applications, and interviewing candidates as appropriate.

The DOL enforces these recruitment rules to protect U.S. workers from displacement and to ensure fairness in employment-based immigration.

Mandatory Recruitment Steps

As covered in our guide to mandatory PERM recruitment, employers must always complete two recruitment steps, regardless of whether the role is professional or non-professional:

1. State Workforce Agency (SWA) Job Order

    

2. Two Sunday Newspaper Advertisements
   

These are required for all PERM cases.

Professional Occupations: The Additional Requirement

If the role is classified as a professional occupation—defined as a job that typically requires at least a bachelor’s degree—the employer must take three additional recruitment steps from a DOL-approved list of ten.

👉 Key timing rule:

• At least two recruitment steps must occur between 30–180 days before filing.
• One step may occur within 30 days prior to filing.

The DOL does not impose strict duration or content requirements for these steps, giving employers flexibility as long as the efforts are conducted in good faith.

The 10 DOL-Approved Additional Recruitment Options

Employers must select three of the following ten methods:

1. Job Fairs – Participation must be documented with brochures, advertisements, or proof of attendance.
2. Employer’s Website – Posting directly on the company’s careers page (not third-party job boards). Employers should keep dated screenshots of postings.
3. Job Search Websites (Other than Employer’s) – Use reputable job boards aligned with the occupation; social media sites like Facebook or Instagram do not qualify.
4. On-Campus Recruiting – Provide proof of college/university postings and interviews conducted.
5. Trade or Professional Organizations – Advertise in industry journals or online platforms affiliated with professional associations.
6. Private Employment Firms – Provide evidence of contracts with the recruiting agency and proof of how applicants were notified.
7. Employee Referral Programs with Incentives – Employers must show the program was advertised internally and included incentives.
8. Campus Placement Offices – Job postings distributed to university or alumni career centers qualify, even if no interviews occur.
9. Local and Ethnic Newspapers – Ads must be appropriate for the role; professional jobs should not be posted in outlets where such ads are unusual.
10. Radio and Television Ads – Employers should schedule ads during reasonable hours to demonstrate good faith. Proof of broadcast confirmation is required.

⚠️ Important: Employers cannot “double count” a recruitment method (e.g., using a professional journal for both mandatory and additional recruitment).

Documentation and Compliance

When filing the PERM application, employers attest under penalty of perjury that all recruitment steps were properly completed. Supporting documentation is not filed initially but must be retained in case of a DOL audit. Examples of supporting evidence include:

• Copies of ads or postings
• Dated screenshots or tear sheets
• Contracts with recruiters
• Affidavits from HR staff

Good recordkeeping is essential for compliance and to withstand potential audits.

Conclusion

The PERM process is designed to balance the interests of U.S. workers with the needs of employers sponsoring foreign talent. For professional occupations, employers must go beyond mandatory recruitment by selecting three additional recruitment steps from the DOL’s approved list.

Conducting recruitment in good faith, maintaining thorough documentation, and working with an experienced immigration team are crucial for a smooth and successful PERM case.

About Reddy Neumann Brown PC
For over 25 years, Reddy Neumann Brown PC has focused exclusively on U.S. employment-based immigration. Our attorneys guide employers through every stage of the PERM process, ensuring compliance and best practices. If you are in need of a U.S. work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration office directly at 713-953-7787 or schedule a consultation.

By: Jessica Palarca

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