Pre-Filing Recruitment Obligations
When submitting the PERM ETA Form 9089, U.S. employers (excluding applications for college or university teachers chosen via competitive recruitment, Schedule A precertified occupations, and sheepherders) must affirm, alongside other employment conditions, that recruitment efforts were conducted before filing the application.
Professional Occupations
If the occupation requires at least a bachelor’s degree (as listed in Appendix A to the preamble of the final PERM regulation), the employer must adhere to the professional occupation standards outlined in 20 CFR §656.17(e)(1).
Documentation of recruitment activities must be maintained by the employer and be ready for submission in case of audit or upon request by the Certifying Officer before a final determination is made.
Compulsory Recruitment Procedures
For applications concerning professional occupations, a job order and two print advertisements are mandatory, to be completed within 30 to 180 days before filing the application, with exceptions for college or university teachers selected through competitive processes.
Job Orders
A 30-day job order with the State Workforce Agency (SWA) serving the intended employment area must be placed by the U.S. employer. The job order dates entered in the application serve as documentation.
PERM Advertising in Newspapers or Professional Journals
Employers must advertise on two different Sundays in a newspaper of general circulation appropriate to the occupation and intended workers. Documentation can be provided by furnishing copies of the newspaper pages or proof of publication. For professional occupations requiring experience and advanced degrees, advertising in a professional journal may replace one Sunday advertisement.
Additional Recruitment Measures
Three additional recruitment steps must be chosen by the employer from the listed alternatives. Only one step can occur within 30 days before filing, and none should exceed 180 days before filing.
Nonprofessional Occupations
For nonprofessional occupations, at least a job order and two newspaper advertisements within six months of filing are required, conducted 30 to 180 days before filing.
Advertising Specifications
Advertisements placed must identify the employer, direct applicants to apply, provide a specific job description, specify the geographic area, offer prevailing wage rates, match job requirements with those on the ETA Form 9089, and provide terms equal to those offered to the alien.
Recruitment Report
A recruitment report detailing steps taken, results, hires, and reasons for U.S. worker rejections must be prepared and signed by the employer or their representative.
Job Duties, Restrictive Requirements, and Business Necessity
Job requirements should align with the occupation and not exceed the Specific Vocational Preparation level. Any foreign language requirements must be justified by business necessity.
Combined Occupations
Employers must document the necessity of combined occupations based on customary practices or business necessity.
Alternative Requirements
Alternative experience requirements must be substantially equivalent to primary job requirements.
Actual Minimum Requirements
DOL evaluates actual minimum requirements based on the employer’s practices and does not consider education or training obtained at the employer’s expense unless offered to domestic applicants.
Conditions of Employment
Working conditions must be normal to the occupation, and live-in requirements for household domestic workers are acceptable only if essential to job duties and no cost-effective alternatives exist.
