Why this list matters

When the DOL audits a PERM case, the response window is short — typically 30 days — and the request is specific. A complete file submitted on the first request usually closes the audit cleanly. An incomplete file triggers follow-up Requests for Information (RFIs) and significantly raises the chance of denial. This checklist is the file you want sitting on your desk *before* the audit notice arrives.

Core artifacts (always required)

  • Signed ETA-9089 with the audit attestation, plus the attorney's signature and date.
  • Prevailing Wage Determination (PWD) issued by the National Prevailing Wage Center, showing the SOC code, wage level, and validity period.
  • Recruitment report signed by the employer summarizing all applicants, contact attempts, and lawful rejection reasons.
  • Notice of Filing (NOF) — a signed copy of the posted notice plus a declaration of posting dates and location.

SWA job order proof

  • Dated printout from the SWA portal showing the open date, close date, and posted job description.
  • For states on the NLx-powered platforms (Kentucky, Minnesota, New Jersey, and a growing list), the proof format is the platform's confirmation page or PDF export — not a screenshot.
  • The SWA order must have run for at least 30 calendar days.

Sunday newspaper proof

  • Tear sheets (the actual printed newspaper page) for two separate Sundays, in a newspaper of general circulation in the area of intended employment.
  • The ad must include the job title, location, and a way for applicants to apply (employer name, address, or email).
  • The newspaper masthead and date must be visible on the tear sheet. Phone-camera photos of the page are acceptable if legible.

Online job board proof

  • Day-1 screenshot showing the live posting, the URL, and a clearly visible posting date.
  • Day-30 screenshot showing the posting is still live, with the URL and date visible.
  • Many agencies capture a Day-15 mid-cycle screenshot as well; it is not strictly required but it strengthens the file.
  • The screenshot must include the full browser URL bar — Google specifically calls this out in audit responses.

Company website proof

  • Same Day-1 / Day-30 screenshots as above, on the employer's own careers page.
  • If the employer does not have a careers page, a hosted job board page from the agency can substitute — but it must be on a subdomain or URL the employer controls or licenses (e.g., careers.[employer].com).

Local newspaper, ethnic press, trade publication

  • Tear sheets dated and showing the publication name.
  • For ethnic press, the language and circulation area must match what the position requires.

Radio advertising

  • Station affidavit signed by the station representative, listing the dates and times the ad ran and the station call letters.
  • Script of the ad as it was actually read on air.

Notice of Filing (NOF)

  • The notice itself — a signed and dated copy.
  • Confirmation of the posting location (typically the worksite or HR office bulletin board).
  • Posting dates that span at least 10 consecutive business days.
  • For positions in multiple worksites, a notice for each location.

Applicant log

For every applicant who responded:

  • Name, contact information, and source.
  • Date and method of each contact attempt (phone, email, letter).
  • Interview outcome.
  • Lawful rejection reason mapped to a DOL-recognized basis. Common bases: did not meet minimum requirements, not available within the required start window, applied for a position other than the one advertised, never responded.

If an applicant met the minimum requirements and was rejected, the basis must be defensible — "we found someone better" is not a lawful reason.

Retention

The DOL requires retention of the recruitment file for five years from the date of filing. That includes electronic proofs, original signed documents, and the audit response if one was issued.

Formatting tips that prevent RFIs

  • Every screenshot in PDF form, with the date stamp legible.
  • Every tear sheet labeled with the case number and ad type.
  • A clear table of contents indexing every artifact.
  • A single PDF cover sheet summarizing the recruitment timeline.

How PermAd360 builds this file automatically

For every case in our portal, we capture each artifact at the point of placement — tear sheets at the newspaper, screenshots from the job board, station affidavits from radio. At cycle end the system assembles the complete PDF + ZIP backup with the table of contents and timeline pre-built, so the file is audit-ready the moment recruitment closes.

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