For any employer in the United States seeking to permanently hire a foreign worker, the Department of Labor (DOL) requires a documented advertising process before a labor certification application can be filed. These advertisements, commonly called PERM ads or immigration advertisements, are not optional formalities. They are legal records that demonstrate a genuine, good-faith effort to recruit qualified U.S. workers for the position. If an ad is missing a required element, published in the wrong outlet, or runs for an insufficient period, the entire PERM application can be delayed, audited, or denied.
This guide covers every required element of a compliant advertisement, explains where and how long ads must run, includes real-format examples with annotations, and identifies the most common mistakes employers make. Whether you are an immigration attorney preparing a first filing or an HR professional managing a recurring sponsorship program, this resource is designed to be the most complete reference you will need. For context on the broader labor certification process, our PERM process steps guide covers the full advertising campaign from start to finish.
What Is a PERM Advertisement?
A PERM advertisement is a job posting placed as part of the labor certification process governed by 20 CFR Part 656. Its purpose is not to fill a vacancy in the conventional sense, but to test the U.S. labor market: to confirm through documented outreach that no able, willing, qualified, and available U.S. worker applied for the role before the employer proceeds to sponsor a foreign national for permanent residency.
Because these ads serve as legal evidence, every element matters. The DOL can audit any PERM filing and will examine the ads for completeness, consistency with the ETA Form 9089, and compliance with placement requirements. A well-constructed ad protects the employer’s application; a poorly constructed one can derail it.
Where Must PERM Ads Be Placed?
Placement requirements depend on whether the position is classified as professional under Appendix A of the DOL’s PERM regulations. All positions, professional or not, require the following mandatory placements:
1. Sunday Newspaper Advertisements
Every PERM filing requires two Sunday newspaper advertisements in a newspaper of general circulation serving the area of intended employment. The newspaper must be appropriate for the occupation, meaning it reaches a broad audience in the geographic area where the job will be performed. Employers must retain the published tearsheets as documentation. For a detailed breakdown of which newspapers qualify and how to select the right one, see our guide to PERM newspaper ad requirements.
2. State Workforce Agency (SWA) Job Order
The employer must place a job order with the State Workforce Agency serving the intended employment area. This order must remain active for a minimum of 30 consecutive days and is typically placed through the state’s online job bank.
3. Internal Notice of Filing
A physical notice must be posted at the worksite for 10 consecutive business days. This notifies current employees of the employer’s intent to file a labor certification and allows them to refer qualified U.S. workers.
4. Additional Recruitment Steps (Professional Positions Only)
For professional positions, at least three additional recruitment steps from a DOL-approved list are required. Common options include:
- Posting on the employer’s website
- Advertising on job search platforms such as Monster or CareerBuilder is handled through our PERM online advertising services.
- Placing ads in trade or professional journals, available through our professional magazine and journal advertising
- Campus recruiting
- Employee referral programs with incentives
- Participation in job fairs
All recruitment steps must be completed within 180 days of the PERM application filing, and the two Sunday newspaper ads must have run for more than 30 days but no more than 180 days before the filing date.
Required Elements of Every PERM Advertisement
Regardless of where the ad is placed, the DOL requires specific information to appear in every immigration advertisement. Each element must be consistent with what is reported on the ETA Form 9089. The following is a complete breakdown.
1. Job Title
The job title must accurately reflect the role as defined on the labor certification application. It should be straightforward and free of inflated or marketing-style language. If the title on the ETA Form 9089 is “Software Engineer,” the ad must say “Software Engineer,” not “Software Wizard” or “Full-Stack Guru.” Decorative titles are not only inconsistent with the application; they can actively deter qualified applicants who use standard job titles in their searches.
2. Job Duties
The ad must include a description of the role’s primary functions and responsibilities. This does not need to be exhaustive, but it must be specific enough for a qualified U.S. worker to determine whether they are suited for the position. Vague descriptions such as “perform various technical tasks as assigned” are insufficient. At the same time, the duties should not list tasks that are not reflected on the ETA Form 9089, as inconsistencies between the ad and the application are a common audit trigger.
3. Minimum Requirements
The ad must specify the education, experience, and any special skills required for the position. These requirements must exactly mirror the minimum requirements stated on the ETA Form 9089. This is one of the most consequential elements of the ad: the DOL will compare the requirements listed in the advertisement against those on the application, and any discrepancy, even a small one, can result in audit or denial. Do not list requirements that are more restrictive than what is on the form, and do not omit requirements that appear on it.
4. Employer Name and Contact Information
The employer’s legal name must appear in the advertisement. In addition, the ad must include a means for applicants to respond, such as a mailing address, an email address, or both. A P.O. Box is acceptable in most cases. If a third-party advertising agency manages responses, the contact information must still be consistent across all ads placed as part of the recruitment campaign.
5. Work Location
The geographic location where the work will be performed must be stated. At a minimum, the city and state are required. If the position involves work at multiple locations or requires travel, this should be reflected in the ad to accurately represent the role’s nature.
6. Wage or Salary Range
While not always explicitly mandated for every ad type, the DOL strongly recommends including the offered wage or a salary range. For ads placed on job boards and other online platforms, wage information is often required by the platform. More importantly, the wage offered must meet or exceed the prevailing wage determination issued by the DOL for the specific occupational classification and geographic area. Omitting or understating the wage can be grounds for an audit.
7. Equal Employment Opportunity (EEO) Statement
Federal law requires that PERM advertisements include an equal opportunity statement. The standard language is: “An Equal Opportunity Employer.” Some employers use expanded EEO language that references specific protected classes. Either is acceptable, but the statement must be present. Omitting it is one of the more easily avoidable compliance failures, and one that auditors consistently look for.
8. Application Instructions
The ad must make clear how applicants should apply. Whether that means mailing a resume, submitting it via email, or applying through a company website, the instructions must be specific and actionable. Applicants who cannot determine how to respond cannot be considered part of the good-faith recruitment effort the DOL requires.
PERM Advertisement Examples
The following are real-format examples of DOL-compliant PERM advertisements across three common occupational categories. Each example includes annotations explaining the reasons for specific language choices. These are illustrative templates; actual ads must be tailored to the specific role and must match the ETA Form 9089 precisely.
Example 1: Software Engineer (Professional Position)
| SOFTWARE ENGINEER
ABC Technology Solutions, Inc., Los Angeles, CA Design, develop, and maintain enterprise-level web applications using Java, Python, and SQL. Integrate third-party APIs, optimize application performance, and participate in code reviews. → Duties are specific and drawn directly from ETA Form 9089—no vague language. Requirements: Bachelor’s degree in Computer Science, Software Engineering, or related field. Minimum 2 years of experience in software development using Java or Python. → Requirements match Form 9089 exactly. No additional or more restrictive criteria added. Salary: $110,000–$125,000/year → Wage meets or exceeds prevailing wage determination for the role and location. Send resume to: careers@abctechsolutions.com or mail to 1234 Wilshire Blvd., Suite 500, Los Angeles, CA 90025. → Contact method is clear and consistent across all recruitment steps. An Equal Opportunity Employer. → EEO statement present. Required. |
Example 2: Registered Nurse (Healthcare, Non-Professional Classification)
| REGISTERED NURSE – ICU
Westside Medical Center, Houston, TX Provide direct patient care in the intensive care unit, including medication administration, patient assessment, and coordination with physicians and specialists. Requirements: Associate’s Degree in Nursing (ADN) or Bachelor of Science in Nursing (BSN). Current Texas RN licensure required. Minimum 1 year of ICU experience. → Licensure requirement is legitimate and consistent with the application. Not overstated. Salary: $72,000–$85,000/year Apply by mailing a resume to: Human Resources, Westside Medical Center, 5678 Medical Center Drive, Houston, TX 77030, or email hr@westsidemedical.com. Equal Opportunity Employer. |
Example 3: Financial Analyst (Professional Position)
| FINANCIAL ANALYST
Global Capital Partners LLC, New York, NY Analyze financial data, develop forecasting models, and support investment decision-making. Collaborate with portfolio managers and prepare reports for senior leadership. Requirements: Bachelor’s degree in Finance, Economics, or Accounting. Minimum 3 years of financial analysis experience. Proficiency in Excel and financial modeling required. Offered Wage: $95,000/year → A single wage figure is acceptable when it meets or exceeds the prevailing wage. Submit resume and cover letter to: recruiting@globalcapitalpartners.com An Equal Opportunity Employer. |
Language Employers Must Avoid
The DOL reviews ad language for signs that an employer may be attempting to screen out qualified U.S. workers in favor of a pre-selected foreign national. Certain types of language consistently attract audit scrutiny:
- Foreign language requirements: Do not require fluency in a foreign language unless it is genuinely necessary to perform the job duties and is documented on the ETA Form 9089.
- Overly specific technical requirements: Requirements that only one person, the intended foreign national, could plausibly meet are a serious red flag. Requirements must reflect the actual minimum needed to perform the job.
- References to immigration status or visa sponsorship: Never reference the sponsorship process, visa categories, or the foreign worker’s status in the advertisement. The ad must read as a genuine open-market recruitment posting.
- Salary figures that do not match the prevailing wage: Understating the salary to deter applicants is not compliant. The offered wage must appear on the application and meet the DOL’s prevailing wage determination.
- Duties that don’t match the application: If the ad describes responsibilities different from those in the ETA Form 9089, auditors will flag the inconsistency.
Common Mistakes That Lead to Denial or Audit
Even experienced employers and immigration attorneys encounter compliance issues during the advertising phase. The following are the most frequent errors identified in audited filings, along with guidance on how to avoid them. For a broader look at compliance pitfalls, our article on how businesses can comply with PERM ad requirements provides more detail on the regulatory framework.
Missing EEO Statement
This is one of the most common and most preventable errors. Every ad in a newspaper, online, or journal must include an equal opportunity statement. Create a checklist item for it before any ad is submitted for publication.
Requirements That Differ From the ETA Form 9089
If the application lists a Bachelor’s degree and 2 years of experience, the ad must list the same. Adding a Master’s degree as a preferred qualification that wasn’t on the form, or omitting a licensure requirement that was, creates a material inconsistency that auditors are trained to identify.
Ads Running in the Wrong Newspaper
Not every newspaper qualifies. The publication must be one of general circulation for the area of intended employment. Using a trade publication, a neighborhood weekly, or a paper that primarily serves a different geographic area is a compliance failure. Our nationwide newspaper advertising services help employers identify and place ads in qualifying publications across all 50 states.
Ads Running Outside the Required Timeframe
All recruitment steps must fall within the 180-day recruitment period before the PERM application is filed. Ads that ran more than 180 days before the filing date cannot be used. Employers who file too quickly after placing ads may also encounter problems if the mandatory 30-day SWA posting has not yet concluded. Careful calendar management is essential.
Incomplete Contact Information
Every ad must include a way for applicants to respond. An ad that lists a company name and job title but no address, email, or application portal is non-compliant, regardless of how well the duties and requirements are written.
Inconsistent Contact Information Across Ads
If the newspaper ad directs applicants to one email address and the online job posting directs them to a different one, auditors may question the consistency of the recruitment effort. All ads in the campaign should direct applicants to the same point of contact.
Working With a PERM Advertising Specialist
The compliance requirements for PERM advertising are specific, and the consequences of errors are significant enough that many immigration attorneys and HR teams choose to work with a dedicated advertising agency rather than managing placements internally. A qualified PERM advertising agency handles newspaper tear sheet procurement, publication in compliant outlets, documentation for the audit file, and coordination of online recruitment steps, all while ensuring the ad content itself meets DOL standards.
Jon Byk Advertising has been placing DOL-specified labor certification ads for more than five decades, working with immigration attorneys and employers across the country. To learn more about our full suite of PERM advertising services, review what we’re proud of, or contact us directly to discuss an upcoming filing. You can also request a quote for your specific advertising needs.
