The PERM (Program Electronic Review Management) process is a critical step for employers sponsoring foreign nationals for permanent residency in the United States. A significant component of this process involves adhering to specific advertising timelines to demonstrate that no qualified U.S. workers are available for the position. This guide provides HR teams with a comprehensive overview of the PERM advertising timeline, ensuring compliance and efficiency throughout the recruitment phase.
Understanding the Immigration Advertising Timeline
The immigration advertising timeline encompasses several stages, each with defined durations and ad requirements. Adhering to these timelines is crucial for maintaining compliance with Department of Labor (DOL) regulations.
1. Prevailing Wage Determination (PWD)
- Duration: Approximately 5 to 8 months.
- Purpose: Before initiating recruitment, employers must obtain a PWD from the DOL. This determines the minimum wage that must be offered for the position, based on job duties and location.
The PWD’s role is to safeguard U.S. workers’ wages and conditions from the adverse effects of foreign employment. Employers submit Form ETA-9141 to request a PWD, and the determination is issued by the National Prevailing Wage Center (NPWC). It’s crucial to factor in the processing time for the PWD when planning the overall PERM timeline.
2. Recruitment Period
Recruitment must occur within a specific window: no more than 180 days and no fewer than 30 days before filing the PERM application. The recruitment process takes at least 60 days to complete.
- Mandatory Recruitment Steps
- State Workforce Agency (SWA) Job Order: Must be posted for a minimum of 30 consecutive days.
- Newspaper Advertisements: Two Sunday ads in a newspaper of general circulation in the area of intended employment.
- Internal Posting: Notice of Filing must be posted at the worksite for 10 consecutive business days.
These steps are designed to ensure that the job opportunity is adequately advertised to U.S. workers. Employers must document all recruitment activities meticulously, including copies of advertisements and evidence of publication.
- Additional Recruitment Steps (for professional positions)
Employers must undertake at least three additional recruitment steps from the following options:
- Job fairs
- Employer’s website
- Job search websites (e.g., Indeed, Monster)
- On-campus recruiting
- Trade or professional organizations
- Private employment firms
- Employee referral programs with incentives
- Campus placement offices
- Television and radio advertisements
- Local and ethnic newspapers
These additional steps must be conducted within the 180-day recruitment window.
3. 30-Day Quiet Period
After completing all recruitment activities, employers must observe a 30-day quiet period before filing the PERM application. This period allows for the receipt and consideration of any applications from U.S. workers.
During this time, employers should evaluate all applications received and document the reasons for rejecting any U.S. applicants. It’s essential to demonstrate that no qualified U.S. workers are available for the position.
4. Filing the PERM Application (ETA Form 9089)
The PERM application must be filed after the 30-day quiet period and within 180 days of the earliest recruitment step. Failure to adhere to this timeline may necessitate restarting the recruitment process.
Employers must ensure that all information provided in Form ETA-9089 is accurate and consistent with the recruitment documentation. Any discrepancies can lead to audits or denials.
Best Practices for HR Teams
Managing immigration advertising timelines efficiently requires careful planning, documentation, and coordination. Here’s how HR departments can better prepare:
1. Build a 9-Month Hiring Calendar
While PERM recruitment typically takes about 2–3 months, the entire green card process can span a year or more. Create a backward timeline, starting from the intended filing date and working backward to the PWD request. Make sure to include:
- Expected PWD completion date
- Planned recruitment start and end dates
- Scheduled publication dates for each ad
- 30-day quiet period
- PERM filing deadline
Using a Gantt chart or project management tool like Asana or Trello can help you stay on track and monitor progress at each stage.
2. Document Every Step
Keep full copies of:
- Job orders from SWA portals
- Tear sheets or e-tears from newspapers
- Screenshots of job postings
- Signed internal postings for Notice of Filing
- Resumes received and logs of U.S. worker responses
- Notes on reasons for rejecting any U.S. applicants
If the DOL audits your case, you’ll need to provide this documentation in full, often within a 30-day deadline.
3. Communicate With All Stakeholders
Make sure legal counsel, hiring managers, and the foreign national being sponsored are all aware of the PERM timeline. Delays often result from poor communication—for example, when hiring managers don’t review U.S. worker resumes promptly or recruitment vendors miss ad deadlines.
Set clear internal deadlines and designate one team member to track compliance across departments.
4. Monitor Recruitment Activities
Regularly review the progress of recruitment activities to identify and address any potential issues promptly, minimizing the risk of non-compliance.
5. Stay Updated on Processing Times
The DOL periodically updates its prevailing wage and PERM application processing times. Checking these timelines monthly helps anticipate delays and adjust your hiring calendar accordingly. Consider subscribing to alerts from the DOL website or reputable immigration blogs.
6. Use Trusted Advertising Vendors
Posting ads manually across multiple platforms increases the risk of errors. Partner with an experienced PERM advertising agency that understands DOL requirements and can manage ad placement, formatting, compliance documentation, and proof of publication.
Common Questions About Immigration Advertising Time
Can recruitment activities begin before obtaining the Prevailing Wage Determination?
Yes, employers can commence recruitment before receiving the PWD. However, it’s advisable to wait for the PWD to ensure the offered wage meets DOL requirements.
What happens if recruitment activities extend beyond the 180-day window?
If any recruitment step occurs more than 180 days before filing the PERM application, the entire recruitment process must be redone to comply with DOL regulations.
Are there exceptions to the 30-day quiet period?
No, the 30-day quiet period is mandatory and must be observed after completing all recruitment activities and before filing the PERM application.
How should HR handle applications from U.S. workers during the recruitment period?
Employers must evaluate all applications from U.S. workers in good faith. If a qualified U.S. worker is found, the PERM process cannot proceed.
What are the consequences of non-compliance with the PERM advertising timeline?
Non-compliance can result in the denial of the PERM application and may require restarting the entire recruitment process, leading to delays and additional costs.
Can we reuse job ads from earlier recruitment efforts?
No. All recruitment for a PERM application must occur within the 180-day window before filing. Ads from prior efforts cannot be recycled.
What if we find a qualified U.S. worker during the recruitment process?
The employer must offer the job to the U.S. worker. If a minimally qualified U.S. worker applies, the PERM process must be stopped.
Is it okay to place both newspaper ads in the same Sunday edition?
No. The ads must run on two different Sundays, and both must be from a publication with broad local circulation.
How long do we need to keep PERM recruitment records?
At least 5 years from the date of filing the ETA Form 9089, in case of audit or review by the DOL.
Can we file multiple PERM applications for the same role at once?
Typically no. Duplicate filings for the same role and employee can be flagged unless there are distinct job differences or multiple work locations.
Do remote roles follow the same PERM advertising time rules?
Yes, but ads should specify the primary worksite or the company headquarters, depending on how the job is structured and where the worker reports.
Final Thoughts
Adhering to the PERM advertising timeline is essential for HR teams involved in sponsoring foreign nationals for permanent residency. By understanding each phase of the recruitment process and implementing best practices, employers can maintain compliance with DOL regulations and facilitate a smoother path to obtaining labor certification.
Need Assistance with Immigration Advertising?
At ByK Advertising, we specialize in managing PERM recruitment processes, ensuring all advertising efforts meet DOL standards. Contact us today to streamline your PERM advertising strategy and maintain compliance every step of the way.
Contact Information
Alexis Byk
Jon Byk Advertising
140 S Barrington Ave. Second Floor
Los Angeles, California 90049
(310) 476–3012
