PERM: Understanding Good Faith Recruitment

PERM is the first step in sponsoring a foreign worker for U.S. permanent residency. As part of PERM, you must conduct a “good faith” recruitment to ensure no willing, qualified, and available U.S. workers are passed over for the position.

When handled properly, PERM recruitment is straightforward. However, missing steps or failing to comply with U.S. Department of Labor (DOL) regulations can lead to denials or costly delays. This guide will help you understand good faith recruitment requirements and how to navigate them effectively.

Key Takeaways

• Real-World Overview: Learn the exact steps involved in PERM and why good faith recruitment matters.
• Compliance Essentials: Understand DOL regulations, including required advertisements, SWA job orders, and documentation mandates.
• Practical Pitfall Tips: Discover common mistakes that delay applications or invite audits — and how to avoid them.
• Documentation Strategies: Get best-practice advice on organizing résumés, interview notes, and ad placements for potential audits.
• FAQ Guidance: Explore frequently asked questions on timelines, prevailing wages, audits, and more, so you can proceed confidently.

What Is Good Faith Recruitment?

Good faith recruitment refers to a genuine, diligent effort by an employer to find and hire qualified U.S. workers before offering a position to a foreign national. Essentially, you must prove that hiring a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers.

The DOL requires employers to follow specified advertising and recruitment steps — such as placing job orders with the State Workforce Agency (SWA) and running newspaper ads — to test the labor market for potential U.S. hires. Throughout this process, it is critical that HR managers demonstrate sincerity and fairness.

Core Elements of a Good Faith Recruitment Effort

1. Accurate Job Descriptions
   • The job description should reflect the position’s actual duties and requirements. Avoid inflating job duties or tailoring qualifications to favor a foreign candidate. This ensures transparency and fairness.
2. Appropriate Recruitment Methods
   • Newspaper Advertisements: Generally placed on two different Sundays in a newspaper of general circulation in the area of intended employment.
     • Job Order with SWA: A mandatory job posting placed with the state labor department for at least 30 days.
     • Additional Recruitment: For professional positions, you must undertake at least three additional forms of recruitment (e.g., job fairs, online job boards, campus placements).
3. Legitimate Application Screening
   • You must screen applicants solely by the minimum requirements you originally listed in your job advertisement and cannot invent stricter or additional requirements later on. For example, if your ad states that a bachelor’s degree in marketing is required and a U.S. applicant possesses that degree plus relevant work experience, you cannot reject them by saying you prefer a master’s degree—unless that preference was clearly stated in the ad.
4. Fair Interview Process
   • Use a consistent set of interview questions and evaluation standards for all candidates. Keep thorough documentation on how you assess each applicant’s ability to meet the job requirements.
5. Documentation of Results
   • Maintain detailed records of the recruitment process for audit purposes. Document how many U.S. applicants applied, the reasons for rejection, and any job offers made.

The Role of HR Managers

HR managers are typically responsible for overseeing or coordinating each stage of the PERM recruitment. This includes:

• Working with legal counsel or an immigration service like Boundless to understand current regulations.
• Developing an internal recruitment checklist to ensure compliance.
• Overseeing strict deadlines for job postings and maintaining recruitment records for the legally required duration are essential parts of the PERM timeline.
• Coordinating with hiring managers to confirm that candidate evaluations meet DOL standards.

For many HR leaders, the most challenging aspect is balancing the everyday hiring process with PERM-specific requirements. That is where specialized guidance — through legal counsel or trusted services becomes invaluable.

Best Practices

Navigating PERM can be overwhelming, so it’s a good idea to break down the process into simple steps.

1. Craft Realistic and Accessible Ads
   • Use everyday language rather than jargon or excessively high qualifications. This encourages more U.S. applicants to come forward if they meet requirements.
2. Keep Communication Channels Open
   • Promptly respond to applicants, and ensure consistent follow-ups. Document every contact so there is a clear record of each candidate’s outcome.
3. Follow Equal Employment Opportunity (EEO) Guidelines
   • Ensure you do not discriminate based on race, color, religion, sex, national origin, age, or disability when evaluating applicants.
4. Engage in Thorough Audit Preparation
   • Keep all documentation — job advertisements, SWA confirmations, interview notes, applicant resumes — in a well-organized format. This helps should the DOL audit your case.
   • A typical record retention period is five years after filing the labor certification.

Common Pitfalls to Avoid

1. Underestimating Timelines
   • Strict posting schedules can trip up even experienced HR managers. Failing to place ads on correct days or meet filing deadlines can lead to do-overs and wasted resources.
2. Sloppy Documentation
   • Incomplete or disorganized records raise red flags. The DOL may question whether you truly considered U.S. applicants in good faith.
3. Misalignment with Job Requirements
   • Using overly stringent job criteria — such as requiring advanced degrees with no actual relevance to the position — signals that the employer might be deterring U.S. applicants.
4. Incomplete Applicant Review
   • Discarding applicants for vague or undocumented reasons can cause major compliance problems.

The Bottom Line

By adhering to good faith recruitment standards, you’ll foster trust with the DOL, streamline the PERM process, and avoid costly pitfalls. HR managers who adopt thorough, fair, and well-documented recruitment practices help ensure that each PERM case meets regulatory expectations.

Think of PERM not as an obstacle, but as a structured way to confirm that hiring a talented foreign worker does not negatively impact the U.S. labor market. When pursued properly, PERM is a win-win: your organization gains skilled talent, and you uphold the integrity of the U.S. workforce.