The EB-3 Visa PERM Recruitment Requirements: The Employer Guide

Updated October 29, 2026

The EB-3 Visa Process, Step by Step: Part 3 of 9

Before an employer can sponsor EB-3 visa workers, it must advertise the job locally to find out whether U.S. workers are able, willing, qualified and available to do it.

For entry-level jobs, the PERM recruitment requirements are a 30-day state job order, two Sunday newspaper ads and an internal notice posted at the worksite, all offering at least the prevailing wage.

This step is called local recruitment, or the labor market test.

This guide explains why it’s required, what each piece involves, the timing rules, and what happens when U.S. workers apply.

Key facts about PERM recruitment

• Three required steps for entry-level jobs. A state workforce agency job order, two newspaper ads on two different Sundays and a notice of filing at the worksite (20 CFR 656.17).
• The job order stays open for 30 days. It’s posted with the state job bank where the job is located.
• The notice of filing is posted for 10 consecutive business days. It goes where employees at the worksite can easily see it (20 CFR 656.10).
• Timing is fixed by regulation. Recruitment must happen at least 30 days, but no more than 180 days, before the PERM application is filed.
• Records are kept for 60 months (5 years). The employer keeps the PERM application and all supporting documents for 60 months (5 years) from the filing date.

Why do employers have to advertise locally before sponsoring EB-3 visa workers?

Local recruitment is how the employer shows the Department of Labor (DOL) that there aren’t enough U.S. workers for the job.

DOL can certify the PERM application only after the employer has tested the local labor market and found no able, willing, qualified and available U.S. workers for the openings it wants to sponsor.

Most employers sponsoring EB-3 visa workers have many openings for the same position, and recruitment decides how many of them can be sponsored.

Each qualified U.S. worker who applies fills one opening, and the remaining openings can go to foreign workers.

Example: an employer with 20 openings for the same job runs local recruitment, and two U.S. workers apply.

The two U.S. workers fill two openings, and the employer can petition for 18 foreign workers through the EB-3 visa.

It’s also a real chance to hire locally. Any qualified U.S. worker who applies is a worker the employer can hire right away, without waiting for the rest of the process.

What are the PERM recruitment requirements for entry-level jobs?

Most EB-3 visa Other Workers roles are non-professional, meaning they don’t require a bachelor’s degree.

For these jobs, the required recruitment is the state job order, two Sunday newspaper ads and the internal notice of filing (20 CFR 656.17).

Professional positions that require a bachelor’s degree have three additional recruitment steps, which don’t apply to non-professional jobs.

Every step happens after the prevailing wage determination is issued and offers at least the prevailing wage.

With EB3.work, the immigration attorneys prepare the job order and the ads, and the employer approves them and posts the notice at its worksite.

What is a state workforce agency job order?

A state workforce agency (SWA) job order is a job posting placed with the public employment service of the state where the job is located, often called the state job bank.

Every state runs one to help local job seekers find work.

For PERM, the job order stays open for 30 days.

It describes the same job being sponsored and offers at least the prevailing wage, and any U.S. worker who applies through it is considered in good faith.

What are the two Sunday newspaper ads?

The employer advertises the job in a local newspaper on two different Sundays, so U.S. workers in the area can see it and apply.

These are the two Sunday newspaper ads, and they’re required for both non-professional and professional jobs.

Each ad must include the employer’s name, tell applicants how to apply or send a resume, describe the job clearly enough for U.S. workers to recognize it, and name the geographic area of the job (20 CFR 656.17).

An ad can’t offer a wage below the prevailing wage, list requirements beyond those on the PERM application, or offer terms less favorable than those offered to the foreign worker.

How is the newspaper chosen?

The ads run in a newspaper of general circulation in the area of intended employment, the area within normal commuting distance of the worksite.

The newspaper should be the one most appropriate to the occupation and to the workers likely to apply for the job.

If the job is in a rural area with no newspaper that publishes a Sunday edition, the employer uses the edition with the widest circulation in that area instead (20 CFR 656.17).

EB3.work and the immigration attorneys choose the newspaper and place the ads, and the employer or its attorney keeps the newspaper pages as proof.

What is the notice of filing?

The notice of filing is an internal job notice that tells the employer’s current employees it’s filing a PERM application for the position.

It lets current employees, and anyone else, learn about the job and send information about the application to DOL.

The notice is posted for at least 10 consecutive business days where employees at the worksite can easily read it, such as next to the required wage and safety posters in the break room (20 CFR 656.10).

The employer also publishes it in any in-house media it normally uses to advertise jobs, like an internal job board or intranet.

If the employees in the job are represented by a union, the notice goes to the union instead.

When does PERM recruitment have to happen?

The recruitment steps must be done at least 30 days, but no more than 180 days, before the PERM application is filed (20 CFR 656.17).

The notice of filing follows the same 30-to-180-day window (20 CFR 656.10).

In practice, that means about 1 month of active recruitment while the job order is open and the ads run, followed by at least 1 more month before the PERM can be filed.

That second month gives U.S. workers time to apply and the employer time to review them.

The recruitment also has to start within the PWD’s validity period, which is why it usually begins soon after the PWD is issued.

What happens when U.S. workers apply?

Every U.S. worker who applies is considered in good faith.

If the employer doesn’t hire a U.S. applicant, it needs a lawful, job-related reason, such as the applicant not meeting the job’s minimum requirements.

The rules set a high bar for “not qualified.” A U.S. worker counts as qualified if they can learn the job’s skills during a reasonable period of on-the-job training, so lacking a skill that could be learned that way isn’t a lawful reason to turn someone down (20 CFR 656.17).

For entry-level jobs, where little training is needed, most applicants who meet the job’s basic requirements count as qualified.

After recruitment, the employer or its attorney prepares a recruitment report: a signed summary of each recruitment step, the number of U.S. applicants and the reason any of them weren’t hired.

The report isn’t sent with the PERM application, but DOL can ask for it, so it’s kept on file with copies of the ads and the applicants’ resumes for 60 months (5 years) from the filing date (20 CFR 656.10).

Recruiting U.S. workers is separate from choosing the foreign workers to sponsor for the remaining openings. That’s the next step, covered in Part 4.

Who pays for the recruitment?

The employer does. The law requires the employer to pay the costs of the PERM labor certification, including the recruitment ads, and doesn’t allow it to pass them on to the worker.

With EB3.work, the required local recruitment advertising is included in the employer’s flat fee of around $1,500 in total, along with the PERM attorney fee.

What the employer does at this step

• Approve the text of the job order and the newspaper ads.
• Post the notice of filing at the worksite for at least 10 consecutive business days, and in any in-house media you normally use for job openings.
• Keep a record of where and when the notice was posted.
• Review U.S. applicants promptly and in good faith, and contact the qualified ones.
• Write down the job-related reason for any U.S. applicant you don’t hire.
• Don’t change the job’s duties, requirements or wage once recruitment starts.

Frequently asked questions