PERM Labor Certification: Key Requirements For Recruitment

Employers pursuing PERM Labor Certification must follow specific recruitment steps to show no qualified U.S. worker is available for the job. This includes placing a job order with the State Workforce Agency, publishing Sunday newspaper ads, posting a Notice of Filing, and—when applicable—completing three additional recruitment steps for professional roles. Proper documentation and strict adherence to deadlines are crucial to avoid denial or audits.

Overview: The Role Of PERM In Hiring Foreign Worker

Hiring skilled foreign professionals for permanent roles in the U.S. begins with the PERM Labor Certification process. Managed by the U.S. Department of Labor (DOL), this step ensures that employing a foreign worker won’t displace qualified U.S. workers or harm their working conditions. For employers in Texas—especially those expanding in competitive fields—meeting DOL’s recruitment standards is essential.

What Is PERM Labor Certification?

PERM, short for Program Electronic Review Management, is the first requirement when sponsoring a foreign national for a green card through employment. The process involves:

• Securing a prevailing wage determination (PWD)

• Advertising the job to test the labor market

• Filing ETA Form 9089

Only after certification may the employer file a Form I‑140 immigrant petition with USCIS.

Why Compliance Matters

DOL imposes strict rules on how employers recruit for these roles. Every step—from ad content to timing—must align with legal requirements. Inaccurate or incomplete actions can trigger audits, denials, or delays. Compliance isn’t just a formality; it’s a legal safeguard for both businesses and workers.

Key Recruitment Steps: Testing The U.S. Labor Market

 

1. Job Order With The State Workforce Agency (SWA)

• Must remain active for 30 consecutive days

• Filed within 180 days prior to PERM submission

• Helps verify unavailability of qualified U.S. workers

2. Newspaper Advertisements

• Two consecutive Sundays

• In a paper of general circulation where the job is located

• Must include job duties, qualifications, and how to apply

3. Notice Of Filing (NOF)

• Posted at the job site for at least 10 business days

• Includes job title, location, and wage offer

• If unionized, sent to the bargaining representative

Additional Steps For Professional Occupations

For roles requiring a bachelor’s degree or higher, employers must also complete three additional recruitment methods from this DOL-approved list:

• Job Fairs – Attend industry events and gather candidate resumes.

• Employer Website – Post the job clearly on your career portal.

• Job Search Websites – Use respected platforms with measurable reach.

• On-Campus Recruiting – Work with colleges for targeted outreach.

• Professional Organizations – Advertise on recognized industry sites or journals.

• Private Employment Firms – Partner with agencies specializing in the role.

• Employee Referral Programs – Incentivize internal referrals with documentation.

• Campus Placement Offices – Connect through formal college placement services.

• Ethnic/Local Newspapers – Useful for reaching underrepresented communities.

• Radio or TV Advertising – Ensure message clarity and retain airing records.

Choose options that align with the role and industry. The goal is thorough outreach, not just checking boxes.

Documentation & Record-Keeping

What You Must Keep

• All advertisements, including proof of publication

• Resumes received and interview notes

• Specific reasons for not hiring each U.S. applicant

• Dates and duration of each recruitment step

Retention Period

• Maintain all documentation for 5 years from the PERM filing date

• Consider keeping both physical and digital copies for redundancy

Solid documentation is your first defense in the event of a DOL audit.

Common Pitfalls Employers Should Avoid

Incomplete Or Inaccurate Advertising

Vague job descriptions or publishing in the wrong media outlet can void your efforts.

Mistiming Recruitment Activities

Every step must occur within the 180-day window prior to filing. Avoid premature or last-minute actions.

Weak Record-Keeping

If documentation is missing or inconsistent, you may be asked to re-recruit or face denial.

How To Stay On Track

• Build a timeline and checklist for each recruitment step

• Use a shared calendar to track critical dates

• Consult an immigration attorney early to review your strategy

Legal oversight helps ensure the recruitment effort aligns with federal requirements.

Supporting Employers With Integrity & Care

In my years helping businesses navigate immigration, one truth stands out: the process is complex, but avoidable mistakes cost time and opportunity. At Lozano Law Firm, we support employers step by step—reviewing job descriptions, ad language, deadlines, and audit preparedness.

Recruiting the right candidate should never feel like walking a tightrope. With a structured approach and the right guidance, it becomes manageable and successful.

If you’re unsure about your next step, we can clarify it together. Schedule a Free Case Evaluation with our team today. It’s confidential and only takes a few minutes. Let’s make sure your recruitment meets every requirement—accurately and on time.