PERM recruitment is not ordinary hiring. It tests the U.S. labor market to determine whether U.S. workers who meet the job requirements are willing to accept the position.
HOW IT WORKS
Recruitment timeline
RecruitmentMay overlap
Notice of Filing10 business days
State Job OrderPosted 30 days
Newspaper ads2 different Sundays
Additional professional recruitmentChoose 3 of 10 · usually about 30 days
Waiting periodAt least 30 days
File
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→Review applications and complete evaluations
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→ETA-9089
PROFESSIONAL OCCUPATIONS
What is usually required?
Most technology, engineering, and other positions that normally require a bachelor’s degree fall into this category.
01
Post the Notice of Filing
10 consecutive business days
The Notice of Filing (NOF) must be posted at the worksite and shared through the employer’s normal in-house media when applicable.
02
Place a state Job Order
A full 30 days
The job is listed with the State Workforce Agency (SWA) serving the area of intended employment.
03
Run two Sunday newspaper ads
2 different Sundays
Ads run in a newspaper appropriate for the occupation and local area. When specific conditions are met, one may be replaced by a professional journal ad.
04
Use three additional recruitment methods
Choose 3 of 10 methods
The employer also selects three methods from DOL’s list, such as the employer website, an external job site, or an employee referral program.
NONPROFESSIONAL OCCUPATIONS
What is usually required?
The rules are simpler and do not require the additional 3-of-10 methods used for professional occupations.
01
Post the Notice of Filing
10 consecutive business days
The Notice of Filing (NOF) is still required, along with the employer’s normal in-house media when applicable.
02
Place a state Job Order
A full 30 days
The job is listed with the State Workforce Agency (SWA) serving the area of intended employment.
03
Run two Sunday newspaper ads
2 different Sundays
The additional 3-of-10 recruitment methods required for professional occupations do not apply.
Different occupations and special cases may follow different rules. Confirm the actual recruitment plan with the employer and immigration attorney.
CHOOSE 3 OF 10
What are the additional recruitment methods?
Professional occupations require at least three of the following ten methods. The same recruitment method cannot be counted more than once.
01
Job Fair
02
Employer Website
03
Job Search Website
04
On-Campus Recruiting
05
Trade or Professional Organization
06
Private Employment Firm
07
Employee Referral Program with Incentives
08
Campus Placement Office
09
Local or Ethnic Newspaper
10
Radio or Television Advertisement
How does the timing work?
Of the three additional recruitment methods, no more than one may take place during the final 30 days before filing PERM; the other two must be completed earlier.
All recruitment dates must still fall within DOL’s 180-day recruitment window.
COMMON QUESTIONS
What you may be wondering
After a PWD is issued, when must recruitment begin?
A PWD has a validity period. If the employer has not yet filed PERM, it generally must begin qualifying recruitment before the PWD expires to use that PWD.
The PWD expiration date is not necessarily the PERM filing deadline. The actual filing date must also account for the remaining recruitment timeline.
How long does PERM recruitment usually take?
PERM recruitment involves more than keeping an advertisement open for 30 days. The employer must complete the required recruitment methods and schedule filing around each recruitment date, so the full stage usually lasts longer than the ad period alone.
What is the PERM quiet period?
The PERM quiet period is generally the 30-day waiting period after certain recruitment activities end and before the employer can file PERM.
If an ad stays up longer than 30 days, must later applications be reviewed?
Reaching 30 days does not necessarily mean that applications received afterward can be ignored.
If the position remains posted and new applications arrive, how they should be handled and documented depends on the recruitment method, dates, and case circumstances. The employer and immigration attorney generally make that determination.
Does receiving an application mean PERM will fail?
Not necessarily. Receiving an application by itself does not mean PERM has failed.
The key question is whether a U.S. worker meets the job requirements. The employer must conduct and evaluate recruitment as required, and the outcome depends on the applicants involved.
Can a company stop the PERM case early after receiving many applications?
It is possible, but the number of applications alone is not the standard.
Even when many applications arrive, the employer must consider whether applicants meet the job requirements. The employer and immigration attorney generally decide whether to continue, stop, or repeat recruitment based on the actual results.
Why might PERM recruitment need to be repeated?
Recruitment may need to be repeated in whole or in part if the content or dates do not comply, the job requirements or work location materially change, or the applicable recruitment window expires.
Does the sponsored employee participate in recruitment?
The employer and immigration attorney generally manage PERM recruitment. The sponsored employee typically does not participate in screening applicants or making recruitment decisions.
The employee may provide education, work history, or job-related information if the employer or attorney needs clarification.
FILING AND RECORDKEEPING
What is a Recruitment Report?
After recruitment, the employer prepares a Recruitment Report documenting the process and results of the PERM recruitment.
Recruitment methodsRecords the recruitment methods used and the relevant dates.
Recruitment resultsDescribes the recruitment results and whether any qualified U.S. workers were identified.
Evaluation recordsIf an applicant was not hired, the reason must be lawful and job-related.
Document retentionAdvertisements, recruitment records, and supporting evidence generally are not all filed with ETA-9089, but the employer must keep the records for 5 years in case DOL requests them.