PERM RECRUITMENT STAGE
PERM recruitment is a required labor market test before PERM filing. Employers must advertise the job to see whether qualified U.S. workers are available for the sponsored position.
HOW IT WORKS
Employer reviews applicants and completes evaluations. This stage also includes the required waiting period before filing.
Includes at least 30 days after the main recruitment ends.
Submit the PERM application to the Department of Labor.
PROFESSIONAL VS NONPROFESSIONAL
| Recruitment step | Professional occupations | Nonprofessional occupations |
|---|---|---|
| Notice of Filing (NOF) | ✓ | ✓ |
| State Job Order | ✓ | ✓ |
| Newspaper Ads | ✓ | ✓ |
| Additional Recruitment Methods | ✓ | × |
Professional occupations: Positions that normally require a bachelor’s degree.
Nonprofessional occupations: Positions with simpler recruitment requirements.
* Note: Different occupations and special cases may follow different rules. Confirm the actual recruitment plan with the employer and immigration attorney.
CHOOSE 3 OF 10
Only one of the three extra recruitment methods can be done in the last 30 days before PERM filing. The other two must be done earlier.
All recruitment must still be completed within the 180-day window.
COMMON QUESTIONS
To use a PWD, the employer generally must start qualifying recruitment before the PWD expires.
PERM recruitment usually takes about 2–4 months from the first recruitment step to filing ETA-9089. It takes longer than a 30-day job posting because the employer must complete ads, review applicants, wait at least 30 days after recruitment ends, and time the filing correctly.
The PERM quiet period usually means the 30-day waiting period before the employer can file PERM.
Later applications may still need to be reviewed if the job remains posted.
The employer and immigration attorney usually decide how to handle and document them.
No. An application does not automatically mean PERM fails.
The key question is whether a qualified U.S. worker meets the job requirements.
Possibly, but the number of applications alone is not the standard.
The employer usually evaluates whether applicants meet the job requirements.
Recruitment may need to be repeated if the dates, ads, job requirements, work location, or recruitment window do not comply.
Usually no. The employer and immigration attorney manage PERM recruitment.
The sponsored employee may provide background or job information if needed.
FILING AND RECORDKEEPING
After recruitment, the employer prepares a report summarizing the PERM recruitment steps, dates, and results.