PERM Recruitment Requirements Checklist

Mandatory Recruitment Activities (All Cases)

1. SWA Job Order

• Filed with the State Workforce Agency
• Active for a minimum of 30 consecutive calendar days
• Job description matches the ETA 9089
• Wage meets or exceeds the prevailing wage
• Documentation saved (confirmation, job order number)

2. Newspaper Advertisement #1

• Published in a Sunday edition
• In a newspaper of general circulation in the area of intended employment
• Includes: job title, duties summary, requirements, application instructions
• Includes salary or wage range (if required by state law)
• Tear sheet or screenshot saved with publication date

3. Newspaper Advertisement #2

• Published on a different Sunday than Ad #1
• Same newspaper or equivalent circulation paper
• Same content requirements as Ad #1
• Documentation saved

4. Internal Job Posting / Notice

• Posted at the worksite for 10 consecutive business days
• Includes all required information (title, duties, requirements, wage, contact)
• Accessible to all employees (physical posting or electronic)
• Copy of posting saved with dates

Additional Recruitment (Professional Occupations)

For positions requiring a bachelor's degree or higher, complete three of the following:

Option A: Job Fairs

• Attended within 6 months of filing
• Documentation: advertisements, brochures, attendee lists

Option B: Employer's Website

• Posted on the employer's own website
• Active for a minimum of 30 consecutive days
• Documentation: screenshots with dates, URL

Option C: Job Search Websites

• Posted on a job search website (e.g., Indeed, LinkedIn, Monster)
• Active for a minimum of 30 consecutive days
• Documentation: screenshots, confirmation emails

Option D: On-Campus Recruiting

• Conducted at a college or university
• Documentation: correspondence with placement office, advertisements

Option E: Trade or Professional Organizations

• Posted with a relevant trade or professional organization
• Documentation: posting confirmation, organization name

Option F: Private Employment Firms

• Engaged a private employment firm/recruiter
• Documentation: contract, search reports, candidate submissions

Option G: Employee Referral Program

• Program with incentives posted internally
• Documentation: program description, posting evidence

Option H: Campus Placement Offices

• Listed with a campus placement office
• Documentation: correspondence, listing confirmation

Option I: Local/Ethnic Newspapers

• Published in a local or ethnic newspaper
• Documentation: tear sheet or screenshot with date

Option J: Radio/Television Advertisements

• Broadcast on radio or television
• Documentation: script, broadcast confirmation, dates

Timing Requirements

Per 20 CFR 656.17(e) and the DOL PERM program guidelines:

• All recruitment completed within 180 days before filing date
• 30-day cooling-off period observed after last recruitment activity
• PWD valid at time of filing (per 20 CFR 656.40)
• SWA job order active for full 30 days

Documentation Checklist

For each recruitment activity, maintain:

• Proof of activity (tear sheets, screenshots, confirmations)
• Dates of activity (start and end)
• Description of applicant responses
• Interview notes (if any applicants were interviewed)
• Lawful job-related reasons for rejecting any U.S. applicants
• Final recruitment report

Post-Recruitment Report

Before filing the ETA 9089, prepare a recruitment report documenting:

1. Total number of applicants for each recruitment source
2. Number of U.S. applicants interviewed
3. Lawful job-related reasons for rejecting any U.S. applicants
4. Conclusion that no qualified, willing, and available U.S. workers were found