Place Labor certification advertising requirements. United States Employers must go through each of these steps in order to hire a person from another country for a position in the United States. This process is not looking to displace employment from United States citizens. Instead it is created to make sure that companies in the United States are diligent in filling the position. And making sure they are appropriately offering it to United States Citizens before considering any one in another country.
What is a PERM labor certification ad?
A PERM labor certification ad is an advertisement that employers must place to fulfill the recruitment requirements of the PERM process. Employers must first place a PERM labor certification ad with the state workforce agency (SWA) in the location of intended employment to begin the process.
The advertisement must run for a predetermined number of days in a newspaper of general circulation. It must also run in the area where the job will be located — though the ad does not need to list the actual address of the job site.
Why are there PERM labor certification advertising requirements?
The purpose of PERM labor certification advertising requirements is to give American citizens a fair opportunity to obtain the position first. For roles requiring specialized skills or expertise, businesses must advertise the employment opportunity in a way that allows all qualified individuals to apply. The recruitment report must detail all applicants who were potentially qualified for the job. Therefore, PERM labor certification ads must be detailed and specific to reduce the submission of generic or unqualified applications.
What are the requirements for how long a PERM labor certification ad must run?
All employers must first place a PERM labor certification advertisement that meets Department of Labor (DOL) requirements with the state workforce agency (SWA) in the location of intended employment. Additionally, employers must run the PERM labor certification advertisement for a predetermined number of days in a newspaper of general circulation in the area where the job will be located. The ad does not need to include the actual address of the job site.
For PERM labor certification ads that require a higher degree or advanced training, employers must use three additional forms of recruitment advertising. Employers must not duplicate any form of advertisement and must collect and present tear sheets and proper documentation for each recruitment step.
PERM Labor Certification Advertising Requirements
In addition, employers are required to place newspaper advertisements for PERM labor certification on two separate Sundays, meeting DOL requirements. Additional criteria can be found in the DOL PERM regulations.
Furthermore, employers must also provide documentation proving the job was posted on no fewer than three other types of advertising sources for PERM labor certification. Below are the types of media that qualify.
Local and ethnic newspapers, job search websites, employer websites, trade or professional organizations, or job fairs.
A qualified PERM labor certification advertising agency can greatly reduce the employer’s workload. Additional time and effort is involved in placing PERM ads and following up with publications. These agencies collect the necessary tear sheets and documentation that the DOL requires for PERM labor certification.
Recruitment Steps (PERM Labor Certification Process)
- SWA Job Order: File a job order with the appropriate State Workforce Agency. (SWA) for a minimum of 30 days. Maintain confirmation of posting and closure.
- Newspaper Advertisements: Place PERM labor certification ads in two separate Sunday editions of a general-circulation newspaper local to the job site. Keep copies of each published ad and proof of payment.
- Additional Recruitment (for professional positions or as best practice): Post on the employer’s website, job boards (like Indeed or LinkedIn), in relevant professional journals, or utilize campus recruiting and job fairs. Save screenshots and other evidence of each posting.
PERM Labor Certification Advertising That Meets DOL Requirements
- For PERM labor certification advertising, the job title, duties, requirements, location, wage (if listed), and contact details in every ad must exactly match what’s stated on ETA Form 9089. Avoid listing any qualifications or duties not included on that form—deviations can invalidate the PERM process.
- Clearly state the employer’s name.
- If the wage is included, ensure it meets or exceeds the prevailing wage determination.
- Give clear application instructions (mailing address or email).
Timing
- All recruitment for PERM labor certification must occur between 30 and 180 days before filing the PERM application.
- After the SWA job order ends, a waiting period of at least 30 days is required before filing.
Documentation & Recordkeeping
- Retain complete copies of all PERM labor certification ads, proof of publication, resumes received, interview notes, and SWA confirmations. Effective recordkeeping is critical for audit defense and compliance with PERM labor certification requirements.
Key Reminder
- Every detail in the PERM labor certification recruitment ads must correspond exactly to ETA Form 9089. Introducing new duties or requirements, or omitting required ones, can jeopardize certification. Diligent attention to detail and complete documentation are your best assurance of a successful PERM labor certification process.
Guidelines for H-2A Program Newspaper Advertisements
Recruitment of U.S. Workers – Newspaper Advertising (20 CFR 655.151)
When you receive a Notice of Acceptance (NOA) for your H-2A application, you are required to advertise the job opportunity in a local newspaper. One with broad circulation in the area where the job will be located.
Specifically, the ad must run on two different days. One of those days must be a Sunday.
According to federal regulations, these ads must appear in the newspaper’s physical print edition. Online or digital classified ads alone does not fulfill this requirement. (see 75 Fed. Reg. 6884, 6928, Feb. 12, 2010).
Additional Positive Recruitment (20 CFR 655.154)
If your Notice of Acceptance also instructs you to advertise in newspapers outside your immediate area (as required under 20 CFR 655.154), there is more flexibility in how you can meet this obligation.
The Certifying Officer (CO) decides the appropriate locations and methods for these additional recruitment efforts. These may include either print or online editions, depending on what is stated in your NOA.
If the NOA uses the term “publish” without specifying a format, you may choose to use either the print or electronic version of the newspaper for these supplementary ads.
Regardless of the medium, the newspaper must be widely read in the relevant state and suitable for reaching workers likely to apply for the position.
Recordkeeping Requirements (20 CFR 655.167)
You must keep evidence when you place labor certification advertisements for at least three years after certification. This documentation must be provided if requested. Such as during an audit.
- For print ads, acceptable proof includes original or clear copies of the newspaper pages. (Tear sheets) Showing the ad and date, or other official evidence from the newspaper displaying the ad text and publication date.
- For online ads, you need a printout of the webpage. It must show the ad and its publication date. Have proof of payment. Or other official documentation from the newspaper verifying the content and date of the online advertisement.