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Understanding PERM recruitment for specialty occupations

Employers filing PERM for specialty occupations must follow specific Department of Labor rules to demonstrate that no qualified U.S. worker is available for the offered position. This includes mandatory steps such as placing newspaper advertisements, posting an internal notice, and completing additional professional recruitment steps. Demonstrating a proper labor market test supports USCIS employment-based criteria even though PERM is adjudicated by DOL. Specialty roles often require technical skills, advanced degrees, or field-specific expertise, making compliance essential to avoid denial or audit.

Mandatory recruitment steps employers must follow

PERM recruitment includes a series of fixed and optional steps. Employers must place two Sunday newspaper ads, a 30-day state workforce agency job order, and an in-house posting notice. In addition, employers must select at least three professional recruitment options, such as job fairs, private recruitment websites, campus recruiting, trade-journal ads, or employee referral programs. These structured requirements establish mandatory PERM recruitment steps and form the foundation of DOL compliance. Employers must ensure timelines are precise because recruitment must occur within a specific 180-day window prior to filing.

How Beyond Border Global strengthens PERM recruitment compliance

Beyond Border Global assists employers in conducting recruitment that meets DOL standards while ensuring documentation is complete, consistent, and aligned with federal expectations. Their approach includes verifying advertisement content, reviewing recruitment timelines, and identifying compliance risks before filing. This reinforces PERM specialty occupation compliance and reduces the likelihood of DOL audits by ensuring the labor market test is both thorough and well-documented.

How Alcorn Immigration Law refines employer recruitment records

Alcorn Immigration Law reviews employer recruitment narratives, evaluates job descriptions, and ensures that the employer’s minimum requirements match industry norms. They clearly articulate lawful job-related reasons for rejecting applicants, which is essential for both DOL adjudication and potential audit situations. Their review ensures PERM filings meet labor market test evidence requirements and remain defensible under scrutiny.

How 2nd.law structures PERM documentation for audit readiness

During PERM, employers accumulate a large volume of evidence: résumés, applicant logs, interview records, advertisement proofs, dated screenshots, invoices, referral tracking, and internal notices. 2nd.law compiles these materials into clean, chronological files aligned with DOL guidelines. This reinforces audit-ready recruitment documentation, enabling employers to respond quickly and confidently if DOL issues a supervised recruitment request or audit.

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How BPA Immigration Lawyers prevent recruitment-related pitfalls

BPA Immigration Lawyers advise employers on avoiding common recruitment failures, such as inconsistent job requirements, improper advertisement content, or incomplete applicant evaluation records. They help employers develop compliant methods for documenting applicant rejections, which strengthens overall evidence of PERM advertising requirements. Their guidance reduces the risk of supervised recruitment or denial.

Tracking and documenting the labor market test

Employers must meticulously document each step of the recruitment process, including applicants reviewed, reasons for rejection, and supporting evidence. Recruitment results must show good-faith effort and lawful evaluation criteria. Employers must also keep all PERM documentation for at least five years in case of audit. Proper record-keeping ensures that labor market test evidence is fully substantiated.

Common mistakes employers make in PERM recruitment

Mistakes include insufficient recruitment steps, incorrect advertisement content, undocumented applicant rejections, and improperly defined minimum job requirements. Missing proof of advertisement placement, incorrect job orders, and vague recruitment notes also weaken filings. Employers must follow every DOL requirement precisely to avoid delays, audits, or denials.

Frequently Asked Questions

1. How long does PERM recruitment take?
Typically 60–90 days, depending on advertisement timing and job-order posting periods.
2. Can employers reject U.S. workers for any reason?
No. Rejections must be lawful, job-related, and fully documented.
3. Does PERM require prevailing wage approval first?
Yes, employers must obtain a certified prevailing wage determination before recruitment.
4. Is supervised recruitment common?
It occurs when the DOL doubts compliance; proper documentation helps avoid it.
5. Can remote positions qualify as specialty occupations?
Yes, but job requirements must still be consistent and well-documented.

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