Placing an advertisement for immigration purposes—most commonly referred to as the PERM Labor Certification process in the United States—is highly regulated by the U.S. Department of Labor (DOL).

Unlike standard recruitment advertising aimed at finding the best possible candidate, PERM advertising is a strict compliance exercise designed to prove to the U.S. government that there are no willing, qualified, and available U.S. workers for the sponsored position.

Here is exactly how to place and execute advertising for immigration compliance:

1. Mandatory Advertising Steps

For both professional and non-professional positions, the DOL requires the following baseline recruitment efforts. These must be executed during the active recruitment phase:

• State Workforce Agency (SWA) Job Order: You must place a job order with the state workforce agency in the state of intended employment. This must run for at least 30 consecutive calendar days.

   

   

• Two Sunday Newspaper Ads: You must place a print advertisement in two consecutive Sunday editions of a local newspaper of general circulation in the area where the job is located. Exception: If the job is in a rural area that does not have a paper with a Sunday edition, you may use the edition with the widest circulation in the area.

   

   

• Internal Notice of Filing (NOF): You must post a physical notice of the job opportunity at the worksite for 10 consecutive business days. If you have an internal media system (like a company intranet) where jobs are normally posted, it must be posted there as well.

   

   

2. Additional Steps for “Professional” Roles

If the sponsored job requires a bachelor’s degree or higher, the DOL classifies it as a “professional” position. In this case, you must complete three additional forms of recruitment chosen from a government-approved list:

• Employer’s website

   

   

• Job search websites (e.g., Indeed, LinkedIn, Monster)

   

   

• Job fairs (requires proof of the employer’s participation)

• On-campus recruiting

   

   

• Trade or professional organizations and journals

   

   

• Private employment firms

   

   

• An employee referral program with clear, documented incentives

   

   

• Local and ethnic newspapers

   

   

• Radio or television advertisements

   

   

3. What the Advertisement Must Contain

The DOL does not require the ad to list every single minor job duty, but it has strict requirements for what must be included to avoid an audit or denial:

• The Employer’s Name: Must be clearly stated.

• Directions to Apply: Specific instructions on where applicants should send their resumes (e.g., a physical mailing address or a specific HR email).

   

   

• Geographic Location: The city and state where the job will be performed, including any travel requirements.

   

   

• A Clear Job Description: Enough detail to properly apprise U.S. workers of the job opportunity and the minimum requirements.

   

   

• Wage Rules: You are not required to list the wage in the newspaper advertisements. However, if you choose to list a wage, it cannot be lower than the Prevailing Wage determined by the DOL.

   

   

4. Critical Best Practices and Timelines

• The Prevailing Wage Determination (PWD): Before you place a single ad, you must obtain a PWD from the DOL. This dictates the minimum salary you are legally allowed to offer for the position based on the location and job duties.

   

   

• The “Quiet Period”: After your final advertisement runs or your 30-day SWA job order ends (whichever is later), you must wait an additional 30 days before filing the permanent labor certification application (ETA Form 9089). This allows time for any final U.S. applicants to see the ads and apply.

   

   

• Document Everything: In the event of a DOL audit, you must prove the ads ran exactly as required. You must collect physical “tear sheets” (the full page of the newspaper showing your ad, the publication name, and the date) or obtain a certified affidavit of publication from the newspaper. You must also keep dated screenshots of website postings and written contracts for radio/TV ads. The DOL requires you to retain these records for five years.

   

   

Important Note: The PERM process is strictly scrutinized. Minor errors—such as abbreviating a state name incorrectly, placing an ad in the wrong newspaper section, or miscalculating the 30-day timeline—can result in an immediate denial. Because the margin for error is essentially zero, immigration advertising should always be executed under the guidance of a qualified immigration attorney or a specialized PERM advertising agency.