Understanding Good-Faith Recruitment in the PERM Process: Lessons from Recent Enforcement Actions

Understanding the PERM Recruitment Framework 

Recent enforcement actions and legal developments have put PERM recruitment compliance back in the spotlight. 

For employers sponsoring foreign national talent, the key question is no longer simply whether recruitment requirements were met, but whether the recruitment process can withstand scrutiny as a genuine, good-faith effort to test the U.S. labor market. 

While the PERM framework has not fundamentally changed, recent actions by the Department of Labor (DOL) and Department of Justice (DOJ) offer important clues about how regulators may assess recruitment practices and identify potential compliance concerns.

What Is Good-Faith Recruitment?  

The PERM labor certification process is designed to test the U.S. labor market before an employer sponsors a foreign worker for permanent residence. As part of that process, employers must recruit in good faith and provide U.S. workers with a meaningful opportunity to learn about and apply for available positions before pursuing permanent labor certification for a foreign national worker. 

PERM Recruitment Steps and Advertising Requirements 

Understanding the requirements of good-faith recruitment begins with understanding the PERM recruitment framework itself. 

During the PERM process, employers generally must: 

• Notify current employees by posting an Internal Posting Notice at the worksite for at least 10 consecutive business days. The notice must be posted physically and, where applicable, electronically. 
• Advertise the role with the State Workforce Agency (SWA) 
• For professional occupations requiring at least a bachelor’s degree, place two Sunday newspaper advertisements in the area of intended employment. 
• Complete three additional recruitment steps selected from an approved list of recruitment methods. Examples of additional PERM recruitment advertising methods include: 
  • Employer website postings 
  • Job fairs 
  • Employee referral programs 
  • Professional or trade organizations 
  • Third-party job search websites 
  • On-campus recruiting 
  • Campus placement offices 
  • Private employment firms 
  • Local or ethnic newspapers 
  • Radio and television advertisements 

While these recruitment requirements have existed for many years, recent enforcement activity has highlighted the importance of consistent recruitment practices, thorough documentation and effective recordkeeping. 

Why Good-Faith Recruitment Has Become a Compliance Focus 

Several recent government actions have centered on allegations that U.S. worker applicants were required to apply through processes that differed from those used for non-PERM positions. 

According to allegations described in settlement agreements and litigation filings, some employers were accused of creating obstacles that made it more difficult for U.S. workers to apply for PERM-sponsored roles. Examples cited by regulators included application methods that relied on paper submissions or email addresses that allegedly did not exist or were not actively monitored. 

Regardless of the outcome of any individual case, they provide a useful window into how government agencies are interpreting and enforcing good-faith recruitment standards. 

What Recent Settlements Suggest About “Good Faith” Recruitment 

Although settlement agreements do not create new laws or regulations, they can provide insight into current enforcement priorities and agency expectations. 

Measures included in recent settlement agreements have included: 

• Posting PERM opportunities on public-facing careers websites 
• Allowing candidates to submit resumes and cover letters electronically 
• Maintaining and actively monitoring recruitment email inboxes 
• Providing training on discriminatory hiring practices 
• Enhancing recruitment documentation and recordkeeping practices 
• Providing periodic reports, records and compliance-related information to government agencies 

Taken together, these developments reflect a heightened enforcement focus on PERM recruitment compliance, with agencies increasingly examining both adherence to regulatory requirements and the transparency and accessibility of the recruitment process. 

While these actions do not create new legal requirements, they offer insight into how existing regulations may be interpreted and enforced.

Best Practices for PERM Good-Faith Recruitment 

One lesson emerging from recent enforcement activity is that consistency matters. 

Employers should evaluate whether PERM recruitment is administered in a manner that aligns with broader recruiting practices. Areas worth reviewing include: 

• Application methods and accessibility 
• Recruitment advertising channels 
• Email monitoring and response procedures 
• Candidate review timelines 
• Documentation and retention policies 
• Recruiter and hiring manager training 

Timely review of applications, consistent recruitment procedures and thorough documentation can help employers demonstrate compliance and support a strong record of good-faith recruitment if recruitment efforts later come under regulatory scrutiny. 

How Envoy Global Can Help

While there is no one-size-fits-all approach to PERM compliance, ongoing evaluation of recruitment practices can help organizations maintain compliance, reduce risk and adapt to evolving enforcement expectations while supporting broader talent mobility and workforce goals.

Experienced immigration counsel can provide strategic guidance as organizations navigate these evolving requirements. Support may include:

• Evaluating recruitment practices in light of current enforcement trends
• Strengthening good-faith recruitment and documentation strategies
• Reviewing candidate screening, recordkeeping and compliance procedures
• Aligning compliance efforts with broader business objectives
• Monitoring ongoing legal and regulatory developments