Every employer filing a PERM labor certification must adhere to strict rules regarding timing. One of the most critical requirements is the PERM filing deadline’s 180-day rule. The Department of Labor (DOL) requires employers to file their PERM application (Form ETA-9089) within 180 days of completing the first recruitment step.
This timeline is crucial because any delay exceeding 180 days can render the recruitment invalid, requiring the employer to restart the process. Missing a PERM deadline can result in lost time, increased costs, and setbacks for both the employer and the sponsored foreign worker.
This article explains the 180-day rule, how recruitment timelines work, what happens if deadlines are missed, and best practices to stay ahead.
Understanding the PERM Filing Timeline
The PERM labor certification process is outlined under 20 CFR § 656.17. According to the regulations, recruitment steps must:
- Take place no more than 180 days before filing the ETA 9089.
- Be active for at least 30 days (for job orders and print ads).
- Leave a 30-day “quiet period” after the last recruitment step before filing.
That means employers cannot file a PERM application the day recruitment ends. Instead, there is a required waiting period, sometimes referred to as the “cooling-off” window, to ensure that all potential applicants have sufficient time to apply.
The PERM filing deadline, therefore, sets the maximum window from the start of recruitment to the date of filing.
How Recruitment Steps Fit Within the 180-Day Window
To see how the timeline works in practice, let’s break down the required recruitment elements:
- Job Order with the State Workforce Agency (SWA): Must run for 30 consecutive days. (DOL Foreign Labor Certification)
- Two Sunday Newspaper Ads: Must appear in a paper of general circulation in the area of intended employment.
- Notice of Filing (NOF): Posted at the worksite for 10 consecutive business days.
- Additional Recruitment (for professional positions): Three more steps (e.g., job boards, trade journals, job fairs).
Each of these steps must be timed so that:
- None is older than 180 days at filing.
- The last one finishes at least 30 days before filing.
Example Timeline:
- SWA job order runs from Jan 1 to Jan 30.
- The first ad runs on January 7, and the second ad runs on January 14.
- Notice of Filing is posted from January 10 to January 23.
- Additional recruitment runs during January.
- The quiet period runs from January 31 to February 29.
- The employer can file ETA 9089 beginning March 1.
- The final filing deadline is June 30 (180 days after Jan 1).
This illustrates the importance of careful planning to avoid timing issues.
Why the 180-Day Rule Exists
The DOL created the PERM filing deadline (180 days) rule to ensure recruitment is recent and reflects the current labor market. If recruitment is too old, conditions may have changed, and U.S. workers could have missed the chance to apply.
It also prevents employers from “stockpiling” recruitment ads for future use. Each PERM case must reflect an actual, current effort to test the labor market before filing.
What Happens If You Miss the 180-Day Deadline?
Missing a PERM deadline is serious. If the application is not filed within 180 days of the earliest recruitment step:
- The recruitment is invalid.
- The employer must redo all recruitment steps, including newspaper ads and SWA job orders.
- Prevailing wage determinations may expire and need to be refiled.
- The entire process is delayed, sometimes by months.
This can affect both employers and employees. For the employer, costs rise as ads must be purchased again. For employees, delays may jeopardize visa eligibility, especially if they are approaching the maximum stay limits in the U.S. on temporary status.
In rare cases, errors discovered during an audit may indicate that recruitment occurred outside the 180-day rule. This often results in outright denial of the PERM application.
Common Mistakes That Lead to Deadline Issues
Employers often face problems with the PERM filing deadline because of preventable mistakes. Some of the most frequent include:
- Starting recruitment too early before receiving the prevailing wage determination.
- If the wage determination takes longer than expected, early recruitment may expire.
- Miscounting calendar days instead of business days for specific postings.
- For Notices of Filing, 10 business days are required, but some employers miscalculate.
- Failure to track overlapping recruitment steps.
- Ads may run before the SWA job order is posted, shortening the overall timeline.
- Delays in internal review.
- HR departments sometimes take weeks to prepare the ETA 9089 after recruitment, pushing them past the 180-day cutoff.
- Audit requests.
- If documentation isn’t ready, employers may delay filing to organize records, risking deadline expiration.
Best Practices to Stay Ahead of the Deadline
Employers can protect themselves by adopting a few simple practices:
- Start with Prevailing Wage Approval. Never begin recruitment until the prevailing wage determination has been issued.
- Use a Centralized Calendar. Track all recruitment steps with start and end dates. Flag the 180-day deadline clearly.
- Overlap Recruitment Strategically. Run newspaper ads while the SWA job order is active, instead of sequentially.
- Build the Quiet Period Into Planning. Please note that the 30-day waiting period cannot be waived.
- File Early When Possible. Don’t wait until day 179; aim to file well before the cutoff.
- Keep Documentation Ready. Save tear sheets, screenshots, invoices, and affidavits in real time.
By planning carefully, employers reduce the risk of missing a PERM deadline and protect both their timeline and their employees’ immigration future.
Academic vs. Corporate Timing Differences
While the 180-day rule applies to both, universities filing under Special Handling for teachers may have slightly different timing considerations.
- They must file within 18 months of the job offer rather than 180 days after recruitment.
- However, if they use standard PERM rules (e.g., for administrative staff), the 180-day filing deadline still applies.
This distinction means academic institutions should carefully track which rule governs each case.
How the 180-Day Rule Impacts Processing Times
The PERM process already has long waiting periods. According to the DOL’s FLAG system, the average PERM processing time as of 2024 ranged from 8 to 10 months.
If recruitment expires, starting over may add another 6–9 months to the process. For employees on H-1B visas, these delays can be particularly devastating due to the six-year maximum stay rule. Filing before deadlines ensures workers maintain options for extensions.
Documenting Recruitment for Audits
Even if an employer files within the PERM filing deadline of 180 days, they may still face an audit. In an audit, the DOL may request:
- Newspaper tear sheets or publisher affidavits.
- SWA job order confirmations with dates.
- Proof of posting dates for the Notice of Filing.
- Copies of all additional recruitment ads.
- A recruitment report with the applicant’s reasons for rejection.
Employers who file close to the deadline often have incomplete documentation, which can lead to denials. Preparing audit-ready files at the start avoids these risks.
Frequently Asked Questions
Q: Does the 180-day rule apply to nonprofessional positions?
Yes. Both professional and nonprofessional positions must comply with the 180-day rule.
Q: Can employers reuse ads for multiple PERM filings?
No. Each PERM case requires its own recruitment cycle. Ads cannot be shared across cases.
Q: What if the DOL delays prevailing wage determinations?
Employers should wait for wage approval before advertising their job openings. Starting early risks recruitment expiring before the filing deadline.
Q: Can the 180-day deadline be extended?
No. There are no exceptions or extensions. Once 180 days pass, recruitment is invalid.
Why Staying Ahead of the Deadline Matters
Meeting the PERM filing deadline of 180 days is more than a technicality. It is a safeguard for employees, a compliance requirement for employers, and a foundation for the green card process. Filing late means wasted resources and lost opportunities.
By prioritizing early filing, accurate tracking, and thorough documentation, employers safeguard their cases and the sponsored workers they support.
Contact ByK Advertising for Timely and Compliant PERM Recruitment
The 180-day rule leaves no room for error. Employers need accurate timing, reliable ad placements, and thorough documentation to protect their cases.
Jon Byk Advertising has decades of experience handling immigration advertising for employers across the nation. We place compliant ads, track deadlines, and prepare audit-ready files, helping you avoid missing a PERM deadline and ensuring every recruitment step counts.
- Call us at 310.476.3012
- Visit us at 140 S Barrington Ave, Los Angeles, CA 90049
- Request a Quote
Stay ahead of the PERM filing deadline of the 180-day rule; partner with Jon Byk Advertising for peace of mind.
