bil requirements

As part of the PERM process, an employer must conduct a recruitment campaign prior to filing with the Department of Labor (DOL). Provided the employer can pay the prevailing wage amount, recruitment must be started prior to the prevailing wage expiration date.

Required forms for recruitment:

  • Notice of Filing (NOF)/Internal Posting Notice (IPN)
  • Job Order with State Workforce Agency (SWA)
  • Sunday newspaper advertisements (2)

For professional occupations, where a bachelor’s degree or higher is required, the following are required:

  • 30-day job order with the SWA
  • 2 Sunday newspaper advertisements
  • 3 options from the following list:
    • Job fair, employer’s website, job search website other than employer’s, on-campus recruitment, trade or professional organization, private employment firm, employer referral program, campus placement offers, local/ethnic newspaper, or radio/television advertisements

For non-professional occupations, where a bachelor’s degree or higher is NOT required, the following are required:

  • 30-day job order with the SWA
  • 2 Sunday newspaper advertisements 

The education requirement listed on a PERM application usually dictates whether the required recruitment efforts need to be performed under the professional or non-professional category listed above. However, if the position does not require a degree, and the OES designation on the prevailing wage determination is listed on Appendix A, then you must perform the recruitment efforts under the professional occupation regulations. Appendix A, “Education and Training Categories by O*Net-SOC Occupation,” appears in the Preamble to the PERM Rule. This document is a list of professional occupations that acts as a guide for employers to determine whether they need to recruit under the professional or non-professional recruitment requirements to comply with the regulations. The job titles listed on Appendix A are considered professional by the DOL, as they normally require a bachelor’s degree or higher. Those positions require the three additional recruitment steps regardless of the employer’s stated minimum education requirement for the offered PERM position.

In addition to the above recruitment efforts, the employer must also give notice of the PERM filing to their U.S. workers. This notice must be physically posted at the worksite where other required postings are posted such as wage and hour notices and/or OSHA notifications. This notice must be posted for 10 consecutive business days, excluding Federal holidays. Moreover, if the employer uses in-house media (electronic or printed) for other similar positions as a normal recruitment effort, then the PERM position must be posted in accordance with their normal recruitment procedures.

Advertisements must contain the PERM position title, employer name, job location, brief description of job, basic requirements, language or travel (if required), and resume submission instructions.

The offered wage does not have to be included on most of the recruitment efforts, except for the Notice of Filing and Internal Posting Notice. 

NOTE: Recruitment must be conducted within 30-180 days of submitting the PERM application. However, one additional step can be made within the 30 days of submitting the application.

Lastly, it is critical to keep record of a detailed PERM Recruitment Report. This describes the efforts and steps taken by the employer to test the labor market and the results of those efforts. This will prove that there are no willing, able, qualified, or available U.S. workers to fill the offered position. The DOL will review this report before making a decision. 

We understand that the PERM recruitment process is detailed and complicated, so please give us a call so that we may answer any and all questions you may have!