Navigating Print Sunday Ads for PERM Recruitment: Common Questions and Best Practices

By: Hali Francis

For both professional and non-professional positions, print Sunday ads are a required part of the permanent labor certification (PERM) recruitment process. However, meeting this requirement often raises many questions. Below, we’ve compiled some of the most common inquiries, the applicable regulations, and how we at Park Advertising handle these situations.

Do the two Sunday ads have to be consecutive?

While we at Park Advertising typically run Sunday ads on consecutive weeks, this is not a specific regulatory requirement. The regulation states that an advertisement must be placed on two different Sundays in a newspaper of general circulation in the area of intended employment that is most appropriate for the occupation and is likely to attract qualified U.S. workers [20 CFR 656.17(e)(1)(i)(B)(1)].

To ensure compliance and avoid any potential filing issues, we default to running these ads on consecutive Sundays. However, some clients may choose to skip a Sunday if it falls on a holiday, creating a gap between the two ad placements.

Can the same newspaper be used for both Sunday and weekday/local ads?

In some locations, only one newspaper is available, making it the most practical choice for both Sunday and local/weekday ads. While we generally aim to use different newspapers for each, there are cases where this isn’t feasible.

When this occurs, we inform our clients at the quoting stage, allowing them to decide whether to proceed with the same newspaper for both ads or explore alternative recruitment methods such as online trade journals or radio ads.

Some clients choose to use the same newspaper for all print ads due to its strong circulation, cost-effectiveness, or local recognition. We are happy to accommodate client preferences in these matters.

Notably, a past Department of Labor (DOL) denial related to this practice was later vacated:

Matter of Symrise Inc., 2012-PER-00558 (BALCA May 18, 2012), published on AILA InfoNet Doc. No. 12052140 (posted May 21, 2012).
The employer placed Sunday ads and a local ad in The Record. While regulations prohibit placing three ads in a newspaper of general circulation, BALCA determined that when a newspaper qualifies as both a general circulation and local paper, separate ads may count as distinct recruitment activities.

Can a free newspaper be used for two Sunday ads?

Yes, in some cases. While paid newspapers are typically considered the “newspaper of record” for a given location, there are exceptions.

For example, in the San Francisco area, the San Francisco Chronicle is the paper of record, but the free San Francisco Examiner has been successfully used in filings. We default to quoting the Chronicle but accommodate clients who prefer the Examiner for cost-effectiveness.

Can a digital newspaper be used instead of print?

No, digital newspapers do not meet the current PERM advertising requirements. The regulation specifically mandates ads to be placed in a circulating print newspaper.

In some locations where a print Sunday newspaper is unavailable, digital versions are not considered an acceptable substitute under current regulations.

What if there is no Sunday print newspaper?

Not all areas have a print newspaper with a Sunday edition. In such cases, the regulation states that employers may use the edition with the widest circulation in the area of intended employment [20 CFR 656.17(e)(1)(i)(B)(2)].

When no Sunday print option exists, we inform our clients and offer alternatives, such as:

• Running the ad in the highest circulating Saturday or weekday paper
• Choosing the nearest Sunday paper with some circulation

For instance, in Mobile, Alabama, the local Sunday newspaper has gone digital-only. In this case, options include the Sun Herald (a Sunday paper from Biloxi, Mississippi, about 60 miles away) or the highest-circulating weekday paper, Lagniappe Weekly.

Our Commitment to Simplifying PERM Recruitment

At Park Advertising, we strive to make the PERM recruitment process as smooth as possible for our clients. One way we do this is by continuously tracking newspaper availability and regulatory changes, so our clients don’t have to.

As newspaper markets evolve, we remain a trusted resource for up-to-date media information and a reliable partner in managing PERM recruitment advertising.

Need assistance with your recruitment advertising? Contact us at [email protected]  today to learn how we can help.