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Recruitment Steps for Academic vs. Corporate PERM Applications: What’s Different?

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To apply for a PERM, an employer must demonstrate that no qualified U.S. worker is available for the job being offered. That involves a formal recruitment process governed by the Department of Labor (DOL). Not every job qualifies. The steps differ depending on whether the employer is a corporation or an academic institution.

In this article, we compare academic vs. corporate recruitment paths, highlight key differences, and explore how each type of employer meets DOL requirements. We also address what category of jobs can apply for a PERM visa and whether corporate entities apply for PERM approval similarly to universities.

Which Jobs Can Apply for a PERM Visa?

Before diving into recruitment, one must know what category of jobs can apply for a PERM visa.

  • Many PERM applications are filed for professional occupations, i.e., jobs requiring a bachelor’s degree or higher. This includes roles such as engineers, analysts, researchers, faculty, scientists, and certain healthcare professionals.
  • Some nonprofessional occupations (those not requiring a degree) also qualify under DOL rules. The recruitment rules differ slightly for these positions.
  • Academic institutions often use Special Handling when hiring teachers and professors, which modifies the standard rules. Under Special Handling, applicants don’t have to meet the “minimally qualified” standard; instead, the institution shows that the selected candidate is the most qualified among all who applied.

In brief, most jobs that involve long-term, full-time employment and require expertise can apply for PERM, provided the employer meets recruitment and wage standards.

Core Rules of PERM Recruitment (Applicable to Both)

Before we talk about differences, let’s list the baseline rules that both corporate and academic PERM cases share. These are derived from 20 CFR § 656.17 and DOL guidelines.

  1. Prevailing Wage Determination: Before recruiting, the employer must request a prevailing wage from the National Prevailing Wage Center. The employer must offer at least that wage in the job posting.
  2. Mandatory Recruitment Steps
    • Two Sunday newspaper ads in a paper of general circulation in the area of intended employment.
    • A 30-day job order was placed with the State Workforce Agency (SWA) serving the area.
    • A Notice of Filing is posted at the employer’s job site for ten (10) business days, alerting internal staff of the opportunity.
  3. Additional Recruitment for Professional Occupations: When the job requires a degree, the employer must choose three additional recruitment methods from the DOL’s approved list (e.g., job fairs, employer website, campus recruiting, job search websites, trade publications).
  4. Recruitment Period Constraints: Recruitment must occur between 30 and 180 days before filing the PERM application. One of the additional recruitment steps may fall within the 30-day window before filing.
  5. Documentation & Recordkeeping: Employers must keep all recruitment records for five years from the date of filing the ETA Form 9089. Though documentation is not submitted at filing, it must be available for audits.
  6. Attestations on Form ETA 9089: The employer attests that it followed recruitment rules, did not tailor requirements to favor the foreign worker, paid prevailing wage, and that it will abide by the conditions of employment.

These standard rules set the baseline. Differences arise when applying these in academic vs. corporate settings.

Corporate PERM Applications: Recruitment Steps

Corporations filing a PERM application must follow strict recruitment procedures outlined by the DOL. These include:

  1. Mandatory Recruitment Steps

    • Two Sunday newspaper ads in a paper of general circulation.
    • A 30-day job order with the State Workforce Agency (SWA).
    • Notice of Filing posted at the workplace for at least 10 business days.

  1. Additional Recruitment for Professional Jobs

If the position requires a degree, corporations must complete at least three more recruitment steps from the following list:

    • Job fairs
    • Employer website postings
    • Job search websites (such as Indeed or CareerBuilder)
    • Campus recruitment
    • Trade or professional journals
    • Employee referral programs
    • Radio or television ads

  1. Documentation Required

Employers must keep:

    • Tear sheets or screenshots of newspaper ads.
    • Copies of SWA postings with start and end dates.
    • Proof of additional recruitment efforts (invoices, screenshots, affidavits).
    • A signed recruitment report summarizing applicants and reasons for rejection.

The process is highly structured, and even minor errors can lead to denial. For this reason, many employers rely on professional PERM advertising agencies to handle ad placement and documentation.

Academic PERM Applications: Special Handling for Faculty

Academic institutions have a different path under the DOL’s special handling rules. These rules apply when hiring college or university teachers. The reasoning is that teaching roles involve unique qualifications and require different advertising methods.

  1. Mandatory Recruitment for Special Handling

    • The job must be advertised in a national professional journal at least once. Online postings are allowed if the journal is recognized in the field.
    • The employer must show that the chosen candidate was the most qualified among all applicants. Unlike corporate recruitment, the standard is “best qualified” instead of “minimally qualified.”
    • The employer must complete the labor certification process within 18 months of the date of the selection decision.

  1. Additional Recruitment Steps

While one journal ad is the minimum requirement, many academic employers take additional steps to strengthen the file:

    • Posting on the university website.
    • Sharing the job opening with professional associations.
    • Attending academic conferences or career fairs.
    • Listing the position on discipline-specific job boards.

  1. Documentation Required

Academic institutions must keep:

    • A copy of the national journal ad (print or online).
    • Proof of the selection process, such as interview notes or faculty committee evaluations.
    • A recruitment report detailing how the foreign worker was chosen as the most qualified.
    • Signed statements from decision-makers confirming compliance.

Key Differences Side by Side

Aspect Corporate PERM Academic / Special Handling
Recruitment outlets Two newspapers, SWA, notice, plus three additional methods One national journal at minimum + other sources; less broad requirement
Standard Prove no qualified U.S. worker Prove the foreign candidate is more qualified
Timeline No special filing window Must file within 18 months of selection
Notice of Filing Required before filing May post NOF after recruitment in some cases
Documentation Detailed recruitment record plus rejection reasons Must include committee report and signed statements
Appeal to common rules Uses § 656.17 rules Uses § 656.18 if eligible

These differences reflect how academic hiring emphasizes candidate evaluation and selective search, while corporate hiring emphasizes testing the labor market broadly.

How Many Times Do Employers Need to “Apply for PERM”?

Employers only apply for PERM once per position. Once the PERM labor certification is approved, the employer files the I-140 petition with USCIS. The PERM approval is valid only for the specific job, location, and conditions specified.

If the employer changes the job location, title, or material duties, a new PERM may be required.

Do Corporations Also Use Special Handling?

No. Do corporate entities apply for PERM approval using the Special Handling rules? Not generally. Special Handling is limited to teaching roles at colleges and universities. Private companies must use the standard PERM rules (§ 656.17).

If a university hires administrative or nonteaching staff, they must use standard PERM recruitment, similar to corporate cases.

Common Pitfalls in Corporate PERM Recruitment

Even experienced employers make mistakes. Common pitfalls include:

  • Running print ads on the wrong editions (e.g., weekday instead of Sunday).
  • Inconsistent job descriptions between ads and PERM.
  • Missing documentation, such as affidavits, screenshots, or invoices.
  • Failure to evaluate applicants with a proper rationale.
  • Losing applicant records over time makes audits difficult.

These errors often result in requests for information or denials. Maintaining organized files and following checklists helps avoid them.

Common Pitfalls in Academic Recruitment

Universities must be cautious of:

  • Using journals that aren’t nationally recognized.
  • Not filing within the 18-month selection window.
  • Failing to produce a detailed committee report showing why the foreign candidate is more qualified.
  • Incomplete or unsigned statements describing recruitment steps.
  • Misapplying regular PERM ads instead of following Special Handling rules.

Because academic cases require a justificatory narrative, weak explanations often trigger follow-on DOL audits or denials.

PERM Application Processing Time

Employers often wonder how long a PERM case takes after it is filed. Processing time is a factor for both corporate and academic applicants.

  • According to recent data, the average PERM processing time can range from 6 to 12 months, although this timeframe may vary.
  • The DOL’s FLAG system publishes processing times on a monthly basis.
  • Applications selected for audit may take significantly longer to process.
  • The timeline for academic (Special Handling) cases may be shorter if prior recruitment is accepted and the application meets requirements.

Thus, when you apply for PERM, plan on waiting for many months, even with a perfect recruitment process.

Best Practices for Both Academic and Corporate Cases

To increase chances of success, employers should:

  1. Define job duties and requirements clearly and consistently from the start.
  2. Request prevailing wage early.
  3. Start recruitment promptly and adhere to DOL timelines.
  4. Use approved recruitment methods and document every step.
  5. Prepare a thorough recruitment report with rationales for rejecting U.S. applicants (or showing candidate superiority).
  6. Keep digital and hard copy records for at least five years.
  7. In academia, monitor the selection-to-filing timeline to stay within 18 months.
  8. Consider using experienced PERM advertising partners to manage ad placements and documentation.

With careful planning, both corporate and academic PERM paths can succeed.

Contact Us for Expert PERM Recruitment Support

Recruiting for PERM requires careful attention to rules. Academic and corporate cases follow different procedures, but both demand strong documentation and compliance with Department of Labor standards. Employers planning to apply for PERM should prepare early, select the appropriate recruitment channels, and maintain organized records.

For expert support with immigration advertising, recruitment documentation, and audit preparation, reach out today.

  • Call us at 310.476.3012
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Jon Byk Advertising can help ensure your recruitment campaigns are compliant, thorough, and audit-ready.