What Recruitment Steps Does PERM Require Before Filing ETA-9089?
TL;DR: Before filing Form ETA-9089, employers sponsoring a professional occupation for PERM labor certification must complete mandatory recruitment — a 30-day job order with the State Workforce Agency and two Sunday print advertisements — plus at least three additional recruitment steps chosen from a DOL-approved list, such as job fairs, the employer's website, a job search website, or campus recruiting. All recruitment must occur no more than 180 days and no less than 30 days before filing.
Claim
PERM is often described as "labor certification," but the actual work is a documented recruitment campaign designed to test whether a qualified, willing, and available US worker exists for the position — and DOL's regulations spell out exactly which recruitment steps count.
Evidence
Under 20 CFR 656.17, employers recruiting for professional occupations must complete two mandatory steps — a job order placed with the State Workforce Agency for 30 days, and two print advertisements in a newspaper of general circulation on two different Sundays — plus a minimum of three additional recruitment steps selected from a list that includes job fairs, the employer's own website, a job search website other than the employer's, on-campus recruiting, trade or professional organizations, private employment firms, employee referral programs with incentives, campus placement offices, local and ethnic newspapers, and radio or TV advertisements. All recruitment must be completed within the regulatory window: no more than 180 days and no less than 30 days before the ETA-9089 filing date.
Comparison Table: Mandatory vs Additional Recruitment Steps
| Type | Steps | Requirement |
|---|---|---|
| Mandatory (all professional occupations) | State Workforce Agency job order | 30 consecutive days |
| Mandatory (all professional occupations) | Two Sunday newspaper ads | Two different Sundays, newspaper of general circulation |
| Additional (choose at least 3) | Job fairs, employer website, job search website, on-campus recruiting, trade organizations, private employment firms, employee referral program, campus placement office, local/ethnic newspaper, radio/TV ad | At least 3 of the 10 listed options |
| Timing window | All recruitment | 30-180 days before ETA-9089 filing |
Step-by-Step: Running PERM Recruitment
- Obtain the prevailing wage determination (Form ETA-9141) before starting recruitment.
- Place the mandatory State Workforce Agency job order for 30 consecutive days.
- Run two Sunday newspaper ads in a newspaper of general circulation in the area of intended employment.
- Select and complete at least three additional recruitment steps from DOL's approved list, spacing them appropriately within the recruitment window.
- Document every step carefully — dates, publications, URLs, and applicant responses — since this file must be retained and can be audited by DOL.
- Review all resumes/applications received and document lawful, job-related reasons for rejecting any US worker applicants before filing ETA-9089.
FAQ
Do all PERM cases require the same recruitment steps? No. Professional occupations require the mandatory steps plus 3 additional steps; some occupations and Schedule A cases have different or reduced recruitment requirements.
How long is recruitment valid before I have to file ETA-9089? Recruitment must be completed no less than 30 days and no more than 180 days before the ETA-9089 filing date, per 20 CFR 656.17.
What happens if a qualified US worker applies during recruitment? The employer must document a lawful, job-related reason for rejecting that applicant; PERM certification generally cannot proceed if a qualified and willing US worker was available.
By Pinal Dave
Last updated: 2026-08-06