PERM Labor Certification
In the six months prior to filing an application, employers are required to place a job order with the SWA, place a notice of posting at the worksite, and run two newspaper advertisements in Sunday papers in the area of intended employment in a paper of general circulation most appropriate for the profession. Employers of professionals are also required to conduct three additional types of recruitment from a supplemental list of recruiting methods. Documentation of recruitment is not to be submitted with the application, but must be maintained in a file that will be available to the DOL in the case of a request by a Certifying Officer (CO) or
The two advertisements as well as the job order must be placed more than 30 days but less than 180 days before filing the application. One exception to the Sunday newspaper-advertising requirement is when an employer can document that a rural newspaper that is appropriate for recruiting has no Sunday edition in the area of intended employment. The exception applies only to rural newspapers. If a suburban newspaper has no Sunday edition, the employer must publish a Sunday advertisement in the most appropriate city newspaper that serves the suburban area.
Another exception to the Sunday advertising requirement is that if the job requires experience and an advanced degree, and a journal advertisement is appropriate for the job opportunity, then the employer has the option to use a journal advertisement in lieu of one of the Sunday print advertisements.
Employers of professional are required to conduct three additional types of recruitment, selected from the following list:
- Job fairs
- Employer’s web site
- Job search website other than the employer’s
- On-campus recruiting
- Trade or professional organizations
- Private employment firms
- Employee referral program with incentives
- Campus placement offices
- Local and ethnic newspapers
- Radio and television advertising
The online job listing, even if posted in conjunction with a print advertisement, qualifies as an additional recruitment step. All of the additional steps must take place within six months of filing the case and only one of the additional steps may take place within 30 days of filing.
Employers under PERM will need to prepare a recruiting report that describes recruitment steps undertaken and the result achieved, the number of hires and, if applicable, the number of US workers rejected, categorized by lawful job related reasons for such rejections. The Certifying Officer (CO), after reviewing the employer’s recruitment report, may request the US workers’ resumes or applications, sorted by the reasons the workers were rejected.
Employers must first advertise for US workers. Call Attorney Monique Kornfeld for PERM advertising requirements: 617-323-5049.