For most employment-based green card petitions, a U.S. employer must complete the PERM recruitment process before submitting Form ETA-9089 (PERM Labor Certification). However, if the Department of Labor (DOL) raises concerns during an audit about how recruitment was conducted, the Certifying Officer (CO) may require the employer to undergo PERM Supervised Recruitment. Below, the immigration attorneys at Green Card Link explain what this means, why it happens, and what employers should expect.
What Is PERM Supervised Recruitment?
PERM Supervised Recruitment means that the employer must repeat its recruitment steps under the direct oversight of the DOL Certifying Officer.
The Certifying Officer provides specific, written instructions detailing each step of the recruitment process. Employers must then follow these directions precisely and submit all resumes, applications, and correspondence directly to the CO for evaluation.
The Legal Basis for Supervised Recruitment
The Department of Labor outlines the regulatory framework for PERM supervised recruitment in 20 CFR § 656.21. This rule authorizes the Certifying Officer to require supervised recruitment whenever there is a question about the validity or fairness of an employer’s initial labor-market test.
At Green Card Link, its immigration attorneys translate these complex legal provisions into practical steps to help clients navigate compliance confidently.
Why Does PERM Supervised Recruitment Happen?
Supervised recruitment usually occurs when an employer provides an incomplete or unsatisfactory response to a DOL audit or fails to reply entirely to the audit request.
In these situations, the DOL requires the employer to conduct a brand-new recruitment campaign under supervision. In cases of serious or repeated non-compliance, the agency may also impose supervised recruitment requirements on the employer’s future PERM applications.
How to Avoid PERM Supervised Recruitment
The most effective way to avoid supervised recruitment is to prepare for a potential audit from the beginning. Because PERM audits can be random or targeted, every employer should maintain a detailed and organized audit file that includes:
- Copies of every recruitment advertisement (tear sheets, online printouts, screenshots).
- A list of all applicants, with resumes or application forms attached.
- Clear, lawful reasons for rejecting each U.S. applicant, supported by interview notes.
If an audit letter is received, this documentation allows the employer to demonstrate compliance with DOL regulations and prove that the U.S. labor market was fairly tested. A strong, well-prepared audit response is the best safeguard against supervised recruitment.
The Step-by-Step Process of PERM Supervised Recruitment
The supervised recruitment process typically begins after the Certifying Officer determines that an employer’s original recruitment was insufficient. Below is what usually happens next.
Step 1: The Order Is Issued
The Certifying Officer sends a Remand Letter to the employer and their legal representative, officially ordering supervised recruitment. This letter lists the required advertising channels and specific recruitment actions the employer must follow.
Step 2: Employer Prepares the Advertisement Content
With assistance from an immigration attorney at Green Card Link, the employer drafts the advertisement text exactly as the CO instructs. The ad must often include a directive that all applicants send their resumes directly to the DOL, not the employer.
This step must usually be completed within 30 days, though the CO may grant a one-time 30-day extension.
Step 3: The CO Reviews and Approves the Advertisement Text
The drafted ad text is submitted to the Certifying Officer for approval. The employer may not place any advertisements until written approval is received.
If the CO requests revisions, the employer must make the necessary changes and resubmit the ad for final authorization.
Step 4: Publication of Approved Advertisements
Once approved, the employer must pay for and place the advertisements in the specific media outlets designated by the CO. The recruitment period generally lasts at least 60 days.
Proof of publication—such as invoices, screenshots, or newspaper tear sheets—must be retained for the record.
Step 5: Applicants Submit Materials to the DOL
In supervised recruitment, all applicants submit their resumes and applications directly to the DOL, not to the employer. This ensures that the CO can track and verify every application.
Step 6: The DOL Screens and Forwards Resumes
The Certifying Officer and staff review the resumes received, discard clearly unqualified applications, and forward those of potentially qualified U.S. workers to the employer for evaluation.
Step 7: Employer Reviews and Interviews Candidates
The employer must contact every candidate referred by the CO, review their qualifications, and conduct interviews when appropriate. Ignoring any candidate is not permitted.
Step 8: Employer Submits a Detailed Recruitment Report
Once the interviews are complete, the employer must compile and send a comprehensive recruitment report to the CO within 30 days of receiving the final group of resumes.
The report must include:
- Proof that the advertisements ran as required.
- Names of all applicants referred by the CO.
- Documentation of all contact attempts and interview notes.
- Detailed, lawful reasons for rejecting each candidate.
Step 9: Final Review and Decision
The Certifying Officer carefully evaluates the employer’s recruitment report.
- Approval: If the DOL confirms that the employer followed all instructions and acted in good faith, the PERM labor certification is approved.
- Denial: If the CO finds errors, bad faith, or improper candidate rejection, the application will be denied.
Expert Guide: Understanding PERM Supervised Recruitment
PERM supervised recruitment is a corrective measure implemented by the U.S. Department of Labor (DOL) when a labor market test is found to be insufficient. Success during this process depends on three crucial factors: strict compliance with every directive issued by the Certifying Officer, meticulous documentation of every step, and complete adherence to regulatory timelines.
Although the process may seem intimidating, it can be successfully managed with careful attention to detail and the right professional guidance. The stakes are high—any mistake, even minor, can lead to a denial of the labor certification. Working with the immigration attorneys at Green Card Link ensures that every stage is handled with precision, reducing the risk of costly delays or denials.
PERM Supervised Recruitment FAQs
Below are answers to some of the most frequently asked questions about PERM supervised recruitment. Please remember that this information is for general guidance only and may not directly apply to your specific case.
How long does the PERM process take?
On average, the PERM process takes about 16 months from start to finish. However, if your case is selected for an audit or supervised recruitment, the processing time may be extended significantly.
What happens if the final supervised recruitment report is submitted late?
The 30-day deadline to submit the final supervised recruitment report is strict and cannot be extended. Submitting the report even one day past the deadline will result in an automatic denial of the labor certification application.
Can my employer know in advance if they will be selected for supervised recruitment?
Unfortunately, no. Just like the audit process, supervised recruitment is designed to ensure fairness in the U.S. job market and to prevent employers from bypassing qualified American workers.
That said, there is evidence that the DOL may focus more on regions or industries experiencing high layoff rates—particularly in sectors such as automotive manufacturing and technology.
What is the typical success rate for PERM supervised recruitment?
Exact success rates are not publicly available. However, the immigration attorneys at Green Card Link have extensive experience managing PERM supervised recruitment cases and can help employers and foreign workers navigate the process successfully through strategic preparation and compliance.
How is supervised recruitment different from a PERM audit?
A PERM audit reviews recruitment efforts that have already been completed. In contrast, supervised recruitment requires the employer to conduct a new recruitment campaign under direct supervision from the Department of Labor.
Think of an audit as the DOL saying, “Show us what you did,” while supervised recruitment means, “Do it again, but this time under our watch.”
Will I need to restart the recruitment process if selected for supervised recruitment?
Yes. Being selected for supervised recruitment means the entire recruitment process must start from the beginning under the DOL’s guidance.
Is PERM required for all employment-based green card applications?
No. The PERM labor certification is required for most EB-2 and EB-3 green card petitions. However, it is not required for the EB-1 (Extraordinary Ability, Outstanding Professors/Researchers, or Multinational Executives), EB-4 (Special Immigrants), or EB-5 (Investors) categories.
Within the EB-2 category, those who qualify for a National Interest Waiver (NIW) are also exempt from the PERM requirement.
How Green Card Link Can Help
The immigration attorneys at Green Card Link have in-depth experience assisting employers and foreign nationals through every stage of the PERM and supervised recruitment process. They understand how complex and time-sensitive these filings can be, and work diligently to ensure compliance with DOL requirements while maintaining an efficient and organized application timeline.
With expert legal support, Green Card Link helps clients avoid common pitfalls, respond effectively to DOL inquiries, and increase the likelihood of a successful outcome.
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