Employers who wish to hire foreign workers for PERManent positions in the United States must follow the Department of Labor’s (DOL) PERM process. A core part of this process involves demonstrating that the employer made reasonable faith efforts to recruit U.S. workers before offering the position to a foreign national.
The success of a PERM process application does not rest solely on conducting recruitment activities. It also depends on meticulous documentation of every step of the recruitment phase. Without clear and complete records, an employer risks denial of their PERM labor certification process application during PERM processing or in the event of an audit.
This article outlines the documentation requirements for the PERM process, explains the best practices for maintaining recruitment records, and highlights common mistakes employers should avoid. It aims to provide clear guidance to employers, HR professionals, and immigration attorneys managing this compliance-heavy process.
Understanding the Role of Documentation in the PERM Process
Recruitment documentation in the PERM process proves that the employer has attempted to hire qualified U.S. workers. The DOL may audit a PERM application randomly or for cause, and employers must be prepared to produce detailed records of their recruitment efforts if requested.
These records demonstrate that the employer followed the strict regulatory framework governing the PERM process steps, including how job advertisements were placed, how long they ran, what mediums were used, and how applicants were evaluated.
Failing to document these actions properly can lead to rejections, delays, or even expose employers to allegations of non-compliance with labor regulations.
Key Documentation Requirements in the PERM Process
The PERM process outlines specific activities employers must complete, each requiring supporting documentation. Understanding what records to maintain at every stage is critical.
Prevailing Wage Determination
Before starting recruitment, employers must obtain a prevailing wage determination from the DOL. This sets the minimum wage rate for the offered position. Employers must retain the official determination letter, proving they provide a fair and lawful wage for the job.
Job Order with State Workforce Agency
Employers must place a job order with the appropriate state workforce agency for at least 30 consecutive days. The job order must reflect the exact details in the PERM process application. Employers should keep confirmation receipts from the state agency and records of the job posting text, dates posted, and dates closed.
Newspaper Advertisements
Two Sunday advertisements must be placed in a newspaper of general circulation within the area of intended employment. These ads must run on different Sundays and meet the formatting and content requirements set by the DOL.
Employers must retain copies of the ads as they appeared, proof of the publication dates, and invoices from the newspaper publisher. These items validate that the advertisements met the PERM processing standards and ran for the required duration.
Additional Recruitment Steps for Professional Occupations
Employers must conduct at least three additional recruitment steps when applying for positions requiring professional qualifications. These steps must be in addition to PERM newspaper ads. Options include posting on the employer’s website, using job boards, participating in job fairs, or using recruitment agencies.
For each step, documentation should include copies of the postings or ads, proof of the posting dates, receipts, and any correspondence with recruiters or advertising platforms.
Internal Notice of Job Opportunity
A physical notice must be posted at the worksite for at least 10 business days. This notice must be posted in a conspicuous location accessible to employees. Employers should keep a copy of the notice, along with dates of posting and removal, and optionally, a photograph of the notice displayed on site.
Applicant Evaluation Records
Perhaps the most critical yet commonly overlooked aspect of recruitment documentation is the evaluation of applicants. Every resume received must be reviewed, and the assessment should be documented, detailing why applicants were not selected.
Reasons must be job-related and consistent. It is recommended that interview notes, correspondence with applicants, and internal decision-making records be kept. These documents are often requested during audits and support the employer’s case that no qualified U.S. workers were available.
Organizing Recruitment Documentation
Organizing recruitment records is as essential as retaining them. Employers should establish a central repository—physical or digital—where all documents related to the PERM process are stored.
Each document should be labeled clearly with dates and descriptions. It is advisable to create a recruitment file that includes the following sections:
- Prevailing wage determination.
- Job order documentation.
- Newspaper ad materials.
- Additional recruitment step documentation.
- Internal posting notice records.
- Applicant evaluation notes.
- Correspondence and supporting documentation.
Employers are advised to keep these records for at least five years from filing the PERM process application, which aligns with DOL requirements.
Common Mistakes Employers Should Avoid
Errors in documentation can jeopardize an otherwise compliant PERM process application. Some of the most common mistakes include:
- Failing to retain proof of publication or posting. Copies of ads and confirmation receipts are mandatory.
- Not keeping clear records of when recruitment activities were conducted. The PERM process steps must follow a specific sequence; documentation should reflect this.
- Omitting applicant evaluations or providing vague rejection reasons. Every applicant must be reviewed using job-related criteria, and these evaluations must be documented carefully.
- Losing track of the PERM processing timelines. Delays in filing after completing recruitment activities can cause recruitment to become stale, requiring the employer to start over.
- Disorganized records. Poorly stored or incomplete files may create unnecessary hurdles if an audit occurs.
Best Practices for Maintaining Compliance
Employers can minimize errors by adopting several best practices when documenting recruitment efforts:
- First, plan the recruitment process meticulously from the outset. Employers should create a checklist aligned with the PERM process steps, ensuring no element is overlooked.
- Standardizing applicant evaluation criteria can also help. This allows the employer to document reasons for rejection consistently and defensibly.
- Employers should also designate a responsible person or team to oversee documentation, ensuring all records are collected and stored systematically.
- Finally, conducting internal audits of recruitment records before filing the PERM process application can help identify and address any documentation gaps.
Conclusion: How ByK Advertising Supports Employers in the PERM Process
Managing the advertising and documentation requirements of the PERM process can feel complex, particularly for employers handling this process for the first time or those with limited internal resources.
While employers are responsible for recruitment activities, working with experienced advertising partners can ease the burden of ensuring PERM processing requirements are met without error.
Jon Byk Advertising has decades of experience supporting employers with PERM advertising services. Their team provides compliant ad placements across newspapers, online platforms, professional journals, and detailed documentation to support recruitment records. This support helps employers reduce non-compliance risk in the PERM labor certification process.
Employers seeking assistance with ad placement, compliance documentation, or consulting on recruitment best practices can contact ByK Advertising for efficient support.
Contact Information
Alexis Byk
ByK Advertising
140 S Barrington Ave. Second Floor
Los Angeles, California 90049
(310) 476 – 3012
