Employers sponsoring foreign national employees for permanent residence under the PERM (Program Electronic Review Management) process must comply with strict recruitment requirements set by the U.S. Department of Labor (DOL). One of the most important—and often misunderstood—steps is placing two advertisements in the Sunday edition of a newspaper of general circulation. Selecting the wrong publication can result in denial of the PERM application and costly delays in the green card process.
The legal requirement: two Sunday print ads
Under 20 C.F.R. § 656.17(e)(1)(i)(B)(1), employers filing a PERM labor certification for a professional occupation must place two advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. This rule is designed to test the labor market to ensure that no qualified and available U.S. workers are interested in the position before the employer sponsors a foreign worker.
What is a newspaper of general circulation
Although the term is not defined in the PERM regulations, Department of Labor guidance and case law have clarified what qualifies. A newspaper of general circulation typically:
– Is printed and published at regular intervals (daily or weekly)
– Covers general news of interest to the community, not just trade or industry-specific content
– Is available to the public via subscriptions, newsstands, or home delivery
– Has broad readership in the area where the job is located
– Includes a printed Sunday edition
The ads must be published in the print edition
This is one of the most critical compliance points: the two Sunday ads must appear in the printed version of the newspaper. An ad that appears only in the online edition or e-edition does not satisfy the regulation. Employers should confirm with the newspaper or ad agency that the ads will be printed in the hard-copy Sunday edition and that proof of publication will be provided. Failure to ensure print publication may lead to a denial, even if the ad text and timing are otherwise correct.
The ad content can be brief
To reduce advertising costs, employers should know that the PERM regulations do not require the Sunday newspaper ads to contain the full job description listed in the prevailing wage determination or the internal Notice of Filing. The ad only needs to include enough information to apprise U.S. workers of the job opportunity. A concise description that includes the job title, a general summary of duties, minimum requirements, and instructions for applying is sufficient. Omitting excessive details can significantly reduce word count and cost while still remaining fully compliant.
Common mistakes to avoid
Employers sometimes attempt to cut costs or simplify the process by placing ads in:
– Weekly newspapers that do not publish on Sundays
– Trade or niche publications focused on specific industries
– Online job boards or digital-only newspapers
– Ethnic newspapers with limited local reach
These publications may not meet the regulatory standard for Sunday print ads and should only be used, if at all, for the three additional recruitment steps—not for the core Sunday newspaper ads.
Examples of acceptable newspapers
Depending on the location of the job, acceptable newspapers may include:
– New York Times
– Washington Post
– Chicago Tribune
– Dallas Morning News
– Los Angeles Times
– San Francisco Chronicle
– East Bay Times
– Boston Globe
– Atlanta Journal-Constitution
– Miami Herald
These publications have wide readership and Sunday print editions. However, it is important to confirm that the chosen newspaper is widely circulated in the specific area where the job is located, not just in the region generally.
Cost-saving strategies
Sunday ads in major metropolitan newspapers can be expensive—ranging anywhere from $800 to $3,000 per ad depending on word count and market size. Employers seeking to reduce costs may consider the following:
- Work with a PERM advertising agency
PERM recruitment ad agencies often receive discounted rates and are familiar with newspapers that the DOL has historically accepted in each region. They also handle the paperwork, such as tear sheets and affidavits of publication. - Use smaller qualifying newspapers
Not every ad must run in a national or large-city paper. In smaller towns, local daily newspapers with Sunday editions may qualify and cost significantly less. - Limit the ad text
As discussed above, a shorter, compliant ad will reduce word count and lower advertising costs.
What about additional recruitment steps
For professional positions, in addition to the two Sunday ads and a State Workforce Agency (SWA) job order, the employer must also complete three additional recruitment steps. These may include:
– Job postings on the employer’s website
– Job search website advertisements
– Use of a recruitment agency
– Participation in job fairs
– Posting in local or ethnic newspapers
– On-campus recruiting or employee referral programs
These additional steps offer more flexibility and do not require Sunday print ads, but they cannot substitute for the core requirement.
Conclusion
Choosing the correct newspaper for PERM recruitment is not simply a matter of cost or convenience. It is a regulatory requirement that must be carefully followed. Employers must ensure the newspaper has a Sunday edition, is widely circulated in the local labor market, and most importantly, that the ads are published in the printed version of the newspaper. The content of the ad does not have to mirror the full job description used in the prevailing wage or internal posting, which gives employers flexibility to control costs while remaining compliant. Working with a qualified immigration attorney or PERM advertising agency can help ensure compliance, avoid common pitfalls, and keep the green card process on track.
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