When employers in the United States seek to hire foreign workers under a permanent labor certification (PERM), the Department of Labor (DOL) requires a strict advertising process to confirm that no qualified U.S. worker is available for the job. These ads must follow detailed rules—both in how and where they are published, and in the specific content they include.
Understanding what goes into a DOL-compliant PERM advertisement is essential for any employer undertaking this process. Below is a comprehensive guide that explains what’s required, how to stay compliant, and what a typical PERM advertisement sample might look like.
What Is Immigration Advertising?
A PERM advertisement, or immigration advertisement, is a job posting used during the labor certification process required by the DOL. The purpose is to test the U.S. labor market before the employer can sponsor a foreign national for permanent residency. These ads serve as proof that the employer made a genuine effort to recruit U.S. workers.
Immigration ads have specific requirements, including placement in designated media outlets, inclusion of required information, and publication within a specified timeframe. Each type of ad plays a different role in demonstrating good-faith recruitment.
Where Must PERM Ads Be Placed?
The DOL requires employers to use multiple advertising channels to reach a broad pool of job seekers. Here’s an overview of the necessary ad types:
1. Newspaper Advertisements
These must run on two different Sundays in a newspaper of general circulation in the area of intended employment. The paper must be appropriate for the occupation and location.
2. State Workforce Agency (SWA) Posting
This ad must be posted through the local state job bank for a minimum of 30 days.
3. Internal Posting (Notice of Filing)
This is a physical notice posted at the job site for 10 consecutive business days. It informs employees of the intent to hire a foreign worker.
4. Additional Recruitment Steps (Professional Positions)
If the position is considered professional (as defined in Appendix A of the DOL regulations), at least three additional methods must be used. These may include:
- Posting on the employer’s website
- Job search websites like CareerBuilder or Monster
- On-campus recruiting
- Trade or professional organization ads
- Employee referral programs
While these placement types are important, it’s just as important to know what the ad must say.
What Content Must Be Included in an Immigration Advertisement?
The DOL provides specific PERM ad requirements. Ads should be detailed enough to allow qualified U.S. workers to understand the opportunity, but not so strict or limiting that they deter potential applicants. Here are the essential elements:
1. Job Title
The title must reflect the actual role and match what’s on the ETA Form 9089. Avoid adding unnecessary qualifiers or marketing language.
2. Job Duties
The description should outline the primary functions of the job. Keep it clear, and do not exaggerate or minimize responsibilities.
3. Requirements
This section must mirror the requirements on the labor certification application. That includes education, experience, special skills, and licensure. Be cautious—adding language that wasn’t on the application can invalidate the process.
4. Employer Name and Contact Information
The employer’s name, physical address, and instructions for applying must be included. It’s acceptable to use a P.O. Box or recruiter’s email in some cases, but it must be consistent across all ads.
5. Work Location
If the job allows telecommuting, hybrid work, or travel, this must be specified clearly.
To help employers understand how to structure these ads, here are three sample PERM advertisements based on real-world positions.
Sample 1: IT Role (Software Engineer)
TechNova, Inc. seeks a Software Engineer in Austin, TX. Duties include design, development, testing, and maintenance of software applications. Requires a Bachelor’s in Computer Science or related field and 3 years’ experience in Java, Spring Boot, and AWS. Must be willing to travel to unanticipated client sites.
Send resume to: HR Dept., TechNova Inc., 456 Silicon Drive, Austin, TX 78759. Reference job code SE2025.
Why it works: This ad includes a clear job title, location, detailed (but not excessive) job duties, specific educational and experience requirements, and application instructions with a reference code.
Sample 2: Non-Professional Role (Hotel Housekeeper)
Palm Grove Inn in Tampa, FL, seeks a Housekeeper. Duties include cleaning guest rooms, changing linens, restocking supplies, and reporting room damage. No education or experience required.
Apply in person at: Palm Grove Inn, 1224 Beach Blvd., Tampa, FL 33607.
Why it works: Simplicity and compliance are key. Since this is not a professional occupation, there are no additional recruitment requirements, and the ad sticks to basics.
Sample 3: Hybrid/Remote Role (Marketing Analyst)
BrightReach Consulting LLC seeks a Marketing Analyst. Job based in New York, NY, with option to telecommute. Analyze market trends, perform competitive analysis, and develop campaign reports. Requires a Master’s in Marketing or Business Analytics and 1 year of experience in digital marketing tools, including Google Analytics and HubSpot.
Mail resume to: BrightReach Consulting, HR Dept., 250 Madison Ave, New York, NY 10016. Attn: MA2025.
Why it works: Remote work potential is disclosed, and the ad aligns with the requirements listed in the PERM filing. It uses accessible language and avoids marketing fluff.
What to Avoid in Immigration Advertising
DOL auditors look for consistency and transparency. Mistakes can lead to an audit or denial. Employers should avoid:
- Using inconsistent job titles between the ad and Form 9089
- Including job requirements not listed on the PERM application
- Omitting mandatory information like application instructions or location
- Using overly specific tools or technologies unless they are truly required
- Adding statements like “must be willing to work nights and weekends” if not listed in the original job description
It’s also important not to promise green cards or permanent residence in the ad. The DOL prohibits such language.
Common Questions Employers Ask
The rules governing PERM ads can be hard to interpret. Below are frequently asked questions, answered in depth to provide clarity.
Do PERM ads require prevailing wage?
Before running any ads, employers must obtain a prevailing wage determination from the DOL. This ensures the wage offered meets or exceeds the standard rate for the job in that location. The wage must be listed on the internal Notice of Filing, but it typically doesn’t need to be included in newspaper or external ads—unless required by state law or job board policy.
Do I have to include salary information in an immigration ad?
No, the DOL does not require you to include salary in most ad formats. However, some states (e.g., California, Colorado, and New York) have enacted pay transparency laws that require salary ranges in job postings. If you’re advertising in one of these states, check local regulations.
That said, salary must be included in the internal Notice of Filing, even if it’s omitted from public-facing ads.
Can I use digital newspapers or online-only platforms for the Sunday ads?
No. The DOL currently requires that Sunday ads be published in print editions of newspapers of general circulation. Even if a paper has an online version, you cannot substitute a digital ad for the print requirement.
If a newspaper is digital-only and doesn’t have a print edition, it does not meet DOL standards for Sunday print ads.
How long should ads be kept on record?
Employers must retain documentation related to PERM recruitment for five years from the date of filing the ETA Form 9089. This includes:
- Copies of all job advertisements (printed or screenshots)
- Tear sheets or publisher affidavits for newspaper ads
- SWA job posting confirmation
- Internal posting notice
- Resumes received and notes regarding applicant evaluations
Failing to keep these materials may cause issues during audits.
Can I use a recruiter’s contact info instead of my company’s?
Yes, but be consistent. You may use an agent or recruiter’s contact details in the ad, but they must align with what’s listed on the PERM application. Using a third party does not relieve the employer of responsibility for recordkeeping.
Can I abbreviate the job title or omit certain PERM ad requirements to make the ad shorter?
No. Job titles and requirements must match what’s on Form ETA 9089. Omitting parts of the job title or modifying required skills and experience—even slightly—could be interpreted as a misrepresentation. That could lead to an audit or denial.
Do I need to post the ad on my company’s website?
If the role is a professional occupation (as defined in the DOL’s list), then yes—posting on the company’s website is a highly recommended additional recruitment step. It’s not one of the three mandatory steps, but it often counts as one of the additional methods for professional positions.
What if a U.S. worker applies and is partially qualified?
You are obligated to assess the application in good faith. If a U.S. worker meets the minimum qualifications, you must document why they were not hired. Lack of preferred skills (not required skills) is not a valid reason to reject an otherwise qualified applicant.
Keeping interview notes and a justification for any rejections is strongly advised. This documentation must be retained for five years.
How long should I retain recruitment documentation?
Five years from the date of filing Form ETA 9089. This includes:
- Copies of ads (print or digital screenshots)
- Newspaper tear sheets or affidavits of publication
- Resumes received
- Evaluation notes and interview summaries
- Internal posting notices
In an audit, DOL officers will request all of this documentation.
Can I run all the ads simultaneously to speed things up?
Yes, most of the recruitment steps can occur in parallel. However, the State Workforce Agency posting must run for 30 days, and you must wait at least 30 additional days (a “quiet period”) after the final ad to evaluate responses before filing the PERM.
This quiet period is meant to give time for any delayed resumes or applications to be reviewed.
Can the job location include multiple cities or remote work?
Yes, but you must specify this clearly in the ad. If the job allows remote work, or requires travel to different job sites, those conditions should be disclosed. Example: “Job located in Los Angeles, CA. Telecommuting permitted. Travel to client sites required.”
Final Thoughts
Placing a PERM advertisement that meets all DOL requirements is a highly regulated and time-sensitive task. Ads must be clear, accurate, and consistent with the information provided in the labor certification application. Errors—even small ones—can delay the entire immigration process or lead to denial.
By understanding the basic components and looking at a perm ad sample, employers can approach the PERM process with clarity and confidence. It’s not just about ticking boxes; it’s about building a recruitment process that withstands federal scrutiny.
Ready to start with immigration advertising?
Work with experts who understand every part of the process—from proper placement to compliant copywriting. Contact Jon Byk Advertising today to make your PERM recruitment process smoother and error-free.
Contact Information
Alexis Byk
Jon Byk Advertising
140 S Barrington Ave. Second Floor
Los Angeles, California 90049
(310) 476–3012
would love the client feedback and expertise regarding these samples 🙂
