Requirements for Labor Certification Advertising

RaeAnne Meyer

Completing the Labor certification advertising requirements is a detailed process. 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 was created to make sure that companies in the United States go through their due diligence in filling the position by offering it to United States Citizens before considering any one in another country.

What is a labor certification ad?

A labor certification ad is an advertisement that employers must place to fulfill the requirements of their recruitment report. It is a requirement that all employers must first place a labor certification ad with the state workforce agency in the location of intended employment. The advertisement must run for a predetermined number of days in a newspaper that is considered to be one of general circulation. The ad must also run in the area where the job will be located. This does not, however, mean that the actual address where the job will take place must be listed in the ad.

Why are there Labor certification advertising requirements?

For American Citizens to have a fair shot at obtaining a position first. For American citizens with specialized skills or expertise, it is important that the business advertises the employment opportunity. It must do so in a way that allows all people who qualify to apply. Because employers must prepare a recruitment report. A report that details all those who may have been somewhat qualified for the job. Because of this, it is critical that all advertisements detailing the terms of employment provide specific information. These types of ads must be detailed to reduce the submission of generic applications. Those who are not suitable for the job.

What are the requirements for how long a Labor Certification ad must run

It is a requirement that all employers must first place a labor certification advertisement with the state workforce agency. It must also be placed in the location of intended employment. The advertisement must also run for a predetermined number of days in a newspaper. A newspaper that is considered to be one of general circulation. And publishes in the area where the job will be located. This does not, however, mean that the actual address where the job will take place must be listed in the ad.

For Labor Certification ads that require a higher degree or advanced training, 3 additional forms of advertising are required. It is requested that forms of advertisements are not duplicated and that tear-sheets and proper documentation must be collected and presented for each.

Labor Certification Advertising Requirements

Employers are required to place newspaper advertisements that are published on 2 separate Sundays. Additional criteria can be found here.

Employers must also provide documentation that the job was posted. On no fewer than three other types of advertising sources. Other types of media that qualify are as follows.

Local and ethnic newspapers, job search websites, employer websites, trade or professional organizations, or job fairs.

A qualified labor certification advertising agency can greatly reduce the workload. That comes with placing ads and following up with the publications. And collect the necessary tear sheets and documentation that the DOL requires.

Recruitment Steps (PERM 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 ads in two separate Sunday editions. In 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.

Advertisement Content Requirements

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 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 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 ads, proof of publication, resumes received, interview notes, and SWA confirmations. Effective recordkeeping is critical for audit defense and compliance.

Key Reminder

Every detail in the 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 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 of these 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.