PERM recruitment requirements: the mandatory steps, timing windows and recruitment report

For a PERM labor certification in a professional occupation, the employer must, before filing, place a 30-day job order with the state workforce agency serving the area, advertise on two different Sundays in the newspaper of general circulation most appropriate to the job, and complete three more recruitment steps chosen from a list of ten (20 CFR 656.17(e)). The mandatory steps must take place at least 30 and no more than 180 days before filing. The employer must also post a notice of filing for 10 consecutive business days, reject U.S. applicants only for lawful job-related reasons, and keep a signed recruitment report and all documentation for five years. As of November 2026, the Justice Department is also penalizing employers whose PERM recruitment makes it harder for U.S. workers to apply than for other jobs.

PERM is the Labor Department step in most employment-based green card cases, often for someone already working for the employer on a temporary visa such as an H-1B (see Form I-9 for H-1B workers and the $100,000 H-1B fee). Because the recruitment is real recruitment, the anti-discrimination rules apply in full; see citizenship status discrimination in hiring and work authorization questions in interviews.

What recruitment does PERM require?

Nonprofessional jobs need only the 30-day job order and the two Sunday ads, in the same 30-to-180-day window (656.17(e)(2)). Whether a job is professional, meaning a bachelor's degree is a usual requirement, is checked against Appendix A, which the Labor Department's PERM page links and updates each year.

Which three additional steps can you choose?

1. Job fairs for the occupation, shown by brochures or newspaper ads naming the employer.
2. The employer's own website, shown by dated copies of the pages.
3. A job search website other than the employer's, shown by dated pages.
4. On-campus recruiting, shown by the placement office's notice naming the employer and interview date.
5. Trade or professional organizations, shown by newsletter or journal ad pages.
6. Private employment firms or placement agencies, shown by the contract and the firm's ads.
7. An employee referral program with incentives, shown by dated notices describing the incentives.
8. A campus placement office, shown by the notice sent to it.
9. Local and ethnic newspapers, shown by the ad page.
10. Radio and television ads, shown by the ad text and the station's confirmation of air dates.

What must the ads and the notice say?

Under 656.17(f), the newspaper and journal ads must:

• name the employer and tell applicants to report or send resumes to the employer;
• describe the vacancy specifically enough to inform U.S. workers of the job;
• state the geographic area with enough detail to show travel requirements and where applicants would need to live;
• not state a wage below the prevailing wage, and not offer terms less favorable than those offered to the sponsored worker;
• not list requirements or duties beyond those on the ETA Form 9089.

The notice of filing must say it is given because an application for permanent labor certification is being filed, that anyone may send the Certifying Officer evidence about the application, and give that officer's address (656.10(d)(3)). For the basic process it must also carry the ad content above and the rate of pay (656.10(d)(4)).

How must the employer treat U.S. applicants?

The employer attests that the job "has been and is clearly open to any U.S. worker" and that U.S. workers who applied were rejected for lawful job-related reasons (656.10(c)(8) and (9)). A "United States worker" under 656.3 is a U.S. citizen or national, a lawful permanent resident, a refugee, an asylee or certain temporary residents. Three rules catch employers out:

• Training. A U.S. worker who could learn the skills in a reasonable period of on-the-job training is qualified; rejecting them for lacking those skills is not a lawful reason (656.17(g)(2)).
• Requirements. They must be normal for the occupation and within the O*NET job zone unless business necessity is documented, and a foreign language requirement needs a business necessity (656.17(h)).
• Layoffs. If the employer laid off workers in the occupation or a related one in the area within six months before filing, it must notify and consider them (656.17(k)).

What has the Justice Department penalized in PERM recruitment?

The common thread is a departure from the employer's normal recruiting. IER's fiscal 2026 letters of resolution show the expected fix: two companies (July 6 and September 17, 2026) committed to post PERM jobs on their external career sites, accept electronic applications and track every application. IER's 2022 technical assistance letter also warns against extra screening questions in PERM recruitment, such as whether an applicant has permanent work authorization.

Who pays for PERM recruitment?

The employer. Section 656.12(b) bars it from seeking or receiving "payment of any kind for any activity related to obtaining permanent labor certification," including its attorneys' fees, and counts wage deductions, kickbacks, in-kind payments and free labor as payment. The worker may pay their own attorney, but when one attorney represents both, the employer bears the cost. The only exception is a third party that benefits from the work through an established business relationship with the employer.

What happens after you file?

• Audits. Review of an application may lead to an audit, and some are picked at random. The employer gets 30 days to send the documentation, with one possible 30-day extension; a substantial failure leads to denial and can bring supervised recruitment for up to two years (656.20, 656.21).
• Retention. Keep the application and all supporting documentation for five years from filing (656.10(f)).
• Validity. A certification expires if not filed with a Form I-140 within 180 calendar days (656.30(b)). The filing date with the Labor Department becomes the priority date, according to its PERM page.

Where do agency recruiters fit?

A private employment firm can be one of the three additional steps, documented by its contract and its ads. If your agency runs that step, describe the same job and requirements as the employer's other PERM ads, send every applicant to the employer promptly, and do not screen on sponsorship: a U.S. worker, by definition, does not need it. Keep your own record of each applicant, contact and outcome, because the employer must explain each rejection in its report. For the general rules on ad wording, see discriminatory job ad language and visa sponsorship language in job postings.

Is anything changing?

The Labor Department proposed on March 27, 2026 to raise the prevailing wage levels used for PERM and H-1B (91 FR 15454). Comments closed May 26, 2026, and no final rule had been published as of November 9, 2026. Applications are filed on the current ETA Form 9089 through the Labor Department's FLAG system, which its PERM page links.

A PERM recruitment checklist

1. Confirm with counsel whether the job is professional or nonprofessional, and the area of intended employment.
2. Get the prevailing wage determination before ads or the notice state a wage.
3. Write the requirements from the job, not from the sponsored worker's resume, and check them against 656.17(h).
4. Calendar the 30-day and 180-day limits for every step, including the notice posting.
5. Post PERM jobs where you post other jobs, accept applications the same way and load applicants into your applicant tracking system.
6. Review every U.S. applicant against the stated requirements, including what could be learned on the job.
7. Record each lawful, job-related rejection reason as you go, not at the end.
8. Assemble the recruitment report and keep the full file for five years.