This guide is for the attorney, paralegal or HR lead preparing a PERM notice of filing. It covers what 20 C.F.R. § 656.10(d) (2025) requires, how the ETA-9089 records it, a worked set of dates, and a sample notice with placeholders and the rule beside each line.
Consecutive business days, posted where workers see it
The posted notice "must be posted for at least 10 consecutive business days", and "clearly visible and unobstructed while posted" (§ 656.10(d)(1)(ii)). It also has to be provided "between 30 and 180 days before filing the application" (§ 656.10(d)(3)(iv)).
What the rule requires
| Requirement | What it means | Rule |
|---|---|---|
| Who gets it | The bargaining representative for the occupation at the employer's location in the area of intended employment, if there's one. Only when there's none is the notice posted | § 656.10(d)(1)(i)–(ii) |
| Where it's posted | At the facility or location of the employment, in conspicuous places employees pass on their way to or from work. The regulation names the spots near the wage and hour or workplace safety notices as appropriate | § 656.10(d)(1)(ii) |
| How long | "The notice must be posted for at least 10 consecutive business days," and it must be clearly visible and unobstructed while posted | § 656.10(d)(1)(ii) |
| In-house media | Also published in "any and all in-house media, whether electronic or printed," the way the employer normally recruits for similar positions | § 656.10(d)(1)(ii) |
| When | The notice must "Be provided between 30 and 180 days before filing the application." | § 656.10(d)(3)(iv) |
| What it says | Three statements about the filing, the Certifying Officer's address, the content required of PERM ads, and the rate of pay | §§ 656.10(d)(3)–(4), 656.17(f) |
| Proof | A copy of the posted notice and where it was posted, plus copies of every in-house medium used. For a bargaining representative, the letter and a copy of the application | § 656.10(d)(1)(i)–(ii) |
The notice runs on its own clock. It isn't one of the § 656.17(e) recruitment steps, so it never starts the recruitment's 180 days: those run from the first job order, Sunday ad or additional step.
The content rule has two layers. Section 656.10(d)(3) requires the notice to state that it's being provided because an application for permanent labor certification was filed for the job, to state that "any person may provide documentary evidence bearing on the application to the Certifying Officer of the Department of Labor," and to give that officer's address. Section 656.10(d)(4) then adds, for a case filed under § 656.17, everything § 656.17(f) requires of an ad, plus the rate of pay, which must equal or exceed the prevailing wage.
From § 656.17(f), that means the notice names the employer, tells applicants where to send resumes, describes the job specifically enough to apprise U.S. workers of it, and gives the geographic area with enough detail to show any travel and where the worker will likely have to live. It may not list requirements or duties beyond those on the ETA-9089, or wages and terms less favorable than those offered to the foreign worker.
How the ETA-9089 records it
Section H.e of the current Form ETA-9089 (OMB approval expiring 02/28/2029) asks which route the employer used, each "at least 30 days before, but not more than 180 days before, the date the application was filed":
| Box | Route |
|---|---|
| 1a | Provided to the bargaining representative |
| 1b | Physically posted for consecutive business days at the place of employment |
| 1c | Sent electronically at least once, as the employer normally tells employees about vacancies |
| 1d | Sent through all in-house media, as the employer normally does |
| 1e | A private household's posting |
| 1f | The employer didn't post the notice |
DOL's general instructions for the form say 1c and 1d "should only be selected if 1b is selected." They also say worksites in the same Bureau of Labor Statistics area "should also be listed if a Notice of Filing will be posted at that location," which is Appendix B's job.
A worked set of dates
The regulation doesn't define a business day. This example leaves out weekends and federal holidays, which is the cautious count, and it measures the 30 days from the last posting day and the 180 days from the first.
Post on Monday, November 16, 2026
Day one of ten. Veterans Day on November 11 is already behind the posting.
Count past Thanksgiving
Thursday, November 26, 2026 is a federal holiday, so it doesn't count. The tenth business day is Monday, November 30, 2026: 15 calendar days for 10 business days.
The earliest filing date on this count
30 days after the last posting day: Wednesday, December 30, 2026.
The latest filing date on this count
180 days after the first posting day: Saturday, May 15, 2027. The recruitment's own limit under § 656.17(e) runs separately, from the first job order, Sunday ad or additional step, and can close sooner.
A sample notice to adapt
Brackets are placeholders. Delete the citations in parentheses before posting.
NOTICE OF FILING OF AN APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION
This notice is provided as a result of the filing of an application for permanent alien labor certification for the job opportunity described below. (§ 656.10(d)(3)(i))
Employer: [legal business name] (§ 656.17(f)(1))
Job title: [title as on Form ETA-9089]
Duties: [a description specific enough to tell U.S. workers what the job is] (§ 656.17(f)(3))
Requirements: [education, experience and any special requirements, exactly as on Form ETA-9089 and no more] (§ 656.17(f)(6))
Worksite: [street address, city, state]. [Any travel or relocation the job requires.] (§ 656.17(f)(4))
Rate of pay: [$amount] per [year/hour] (§§ 656.10(d)(4), 656.17(f)(5), (7))
To apply: send a resume to [name or department], [email or mailing address]. (§ 656.17(f)(2))
Any person may provide documentary evidence bearing on the application to the Certifying Officer of the Department of Labor at:
[Certifying Officer's address] (§ 656.10(d)(3)(ii)–(iii))
Posted from [first day] through [last day] at [locations].
The Certifying Officer's address belongs on the notice, so check it on DOL's own contact page on the day you post. DOL's Foreign Labor Certification contacts page listed the National Processing Center at 200 Constitution Ave NW, Room N-5311, Washington, DC 20210 when read on October 16, 2026.
Before you post
- Checked whether a bargaining representative exists for the occupation at the location
- Locations chosen where employees pass on the way in or out, and listed in the file
- Every in-house medium the employer normally uses for similar openings identified, with copies kept
- Requirements and duties match the ETA-9089 word for word, with nothing added
- Rate of pay at or above the prevailing wage
- Dated photos of the posting kept for the start and the end
- Ten business days counted with holidays left out, and the filing date checked against the 30 and 180 days
What this guide can't settle
- Whether a remote or multi-site job needs the notice at more than one place. That depends on the worksites the application lists, and the attorney on the case decides it. Nothing here is legal advice.
- How a firm counts the 30 and 180 days. The regulation says the notice must "Be provided between 30 and 180 days before filing the application." The example above uses the cautious reading.
Related
- PERM recruitment requirements checklist, for the steps that run beside the notice
- The PERM recruitment report, which lists the notice among the steps
- The PERM audit file, for the copies an audit asks to see
- The PERM deadline calculator, which gives the latest date to start the posting
The free case app at PERM Tracker for attorneys records each case's notice dates and shows a "start notice of filing by" date on its deadline list.
