Employers seeking to hire foreign workers for permanent positions in the United States must follow a process known as PERM labor certification. The Department of Labour (DOL) oversees this process to ensure that hiring foreign workers doesn’t negatively affect job opportunities for U.S. workers. Employers must understand and follow specific PERM regulations to meet the requirements.
These regulations are detailed and time-sensitive. Any errors or omissions—no matter how small—can lead to delays or denials in the labor certification process. This blog covers the key PERM regulations that employers should be aware of and outlines what’s involved in staying compliant from start to finish.
What Is the PERM Labor Certification Process?
PERM stands for “Program Electronic Review Management.” It is the system used by the Department of Labor (DOL) to process applications for labor certification, the first step for many employers seeking to sponsor a foreign worker for a green card.
One principle at the core of this system is that employers must demonstrate that they have attempted to find qualified U.S. workers for the job before offering it to a foreign applicant. This is achieved by following strict recruitment procedures, meeting wage requirements, and documenting all activities thoroughly. The process is not optional, and compliance is closely monitored by the DOL.
PERM is not just a hiring formality. It is a federal requirement with specific compliance requirements that must be followed precisely. Failing to do so can result in an application being rejected, requiring the employer to restart the process from the beginning.
Key PERM Regulations to Understand
Prevailing Wage Determination
One of the first steps in the PERM process is obtaining a prevailing wage determination from the DOL. This sets the minimum wage foreign workers can offer based on the job role and geographic location.
The wage must be commensurate with the position and location of the job. Employers must offer at least this wage to ensure that foreign workers are not being hired at lower rates than what is fair in the market. This regulation is designed to protect both domestic and foreign workers.
Requesting the wage determination early is essential, as this process can take several weeks. The job description submitted must be consistent with how the role is advertised later. Inconsistencies can raise red flags and may result in delays.
Job Requirements and Descriptions
Job descriptions must reflect the actual responsibilities and expectations of the position. At the same time, they must not include overly restrictive requirements that could discourage qualified U.S. applicants.
The Department of Labor (DOL) expects job criteria to be clear, necessary for the role, and not tailored to the specific background of a foreign applicant. For example, listing experience with a proprietary tool that only the foreign worker has used could be flagged during review.
Educational and experience requirements must also be reasonable for the job type. Inflating them may be interpreted as an attempt to limit the pool of U.S. applicants, which is a violation of PERM regulations.
Mandatory Recruitment Steps
Immigration advertising is a significant part of the PERM labor certification process. Employers must demonstrate that they genuinely attempted to hire a qualified U.S. worker before turning to a foreign applicant.
For most professional roles, the following steps are required:
- Two print ads in a newspaper of general circulation in the area of intended employment. These must run on two different Sundays.
- A job order is posted with the relevant state workforce agency for at least 30 consecutive days.
- Additional recruitment steps for professional roles may include job fairs, employer websites, and trade publications.
Each immigration ad must include the job title, a description of duties, minimum requirements, the geographic location, and clear application instructions. Missing any required information, even accidentally, can make the entire recruitment effort non-compliant.
Record-Keeping and Documentation
Documentation is not optional. Every step of the PERM process must be supported by detailed records, which should be maintained for a minimum of five years.
Employers must retain:
- Copies of all ads placed
- Evidence of where and when ads ran (e.g., tearsheets or screenshots)
- Resumes received
- Notes on why U.S. applicants were not hired
- A recruitment report summarizing the effort
These documents may never be requested, but if they are and the employer cannot provide them, the labor certification could be denied. Keeping accurate records protects the employer in the event the DOL decides to conduct an audit.
Immigration Ad Timelines and Validity Periods
Timing is a frequent issue in PERM labor certification cases. There are specific windows for when recruitment efforts must begin and end, as well as the duration for which they remain valid.
Recruitment must be conducted within 180 days before filing the PERM application. The job order must be active for at least 30 days, and a waiting period of an additional 30 days applies after the job order ends before filing can begin.
Ads that are even a few days old will not be accepted. Similarly, the entire application may be disqualified if a required recruitment step is skipped or runs outside the allowed timeframe. These rules are firm and leave little room for correction.
Common Mistakes That Lead to Non-Compliance
Employers new to the PERM process often make small but costly errors. These usually stem from misinterpreting compliance requirements or overlooking minor details that carry significant weight.
One of the most common mistakes is placing ads in the wrong publications. If the newspaper does not qualify as a “general circulation” publication in the area, the DOL may reject the recruitment step.
Another issue is inconsistent job descriptions. The job listed in the prevailing wage request must match what appears in the ads and the application. Discrepancies, even minor ones, may be seen as intentional.
Failing to document recruitment efforts thoroughly is another common pitfall. Employers who can’t show proof of when and where ads ran, or who don’t keep copies of resumes and rejection reasons, are at risk of failing a compliance review.
How Employers Can Stay Compliant with PERM Regulations
Following PERM regulations takes time and attention. There are no shortcuts. Each step, from the wage request to final ad placements, requires accuracy and proper documentation.
Employers who plan and keep close records tend to have smoother experiences. It’s helpful to assign someone internally to oversee the PERM labor certification process, even if the company works with an external attorney or advertising agency.
Checking in on current DOL guidelines is also a good habit. Regulations do not change frequently, but when they do, they impact how ads must be written and where they must be displayed. Relying on outdated templates can lead to rejected applications.
Why Work with a PERM Immigration Advertising Partner Like ByK Advertising
While the requirements of PERM labor certification can be met in-house, many employers choose to work with specialized agencies to manage the advertising portion. It reduces the chance of error and saves internal teams from having to learn and apply complex rules under tight deadlines.
Jon Byk Advertising has supported businesses across Los Angeles, New York, and beyond for decades. With a focus on compliance, accuracy, and timeliness, the team assists employers in managing the recruitment phase of the PERM process effectively. Their services include ad writing, placement, documentation support, and compliance verification across all required platforms.
For employers seeking to avoid delays and ensure that every step meets Department of Labor (DOL) standards, collaborating with an experienced partner can be a practical solution.
Conclusion
The requirements involved in PERM labor certification are specific and unforgiving. Even minor mistakes in recruitment ads, timing, or record-keeping can lead to denials or delays. Understanding and following PERM regulations is essential for employers committed to hiring foreign workers.
If your business requires support with job ad placement or assistance with meeting compliance requirements, ByK Advertising can help. With nearly 60 years of experience and deep familiarity with DOL standards, their team offers reliable solutions to simplify the ad portion of the PERM process.
Contact us today to learn more about our services.
Alexis Byk
Byk Advertising
140 S Barrington Ave. Second Floor
Los Angeles, California 90049
(310) 476 – 3012
