PERM for Remote/Hybrid & Multi-Location (2025–2026): How to Align Worksite, PWD, NOF, Ads, and ETA-9089
In 2025–2026 PERM cases increasingly reflect the modern workplace: distributed teams, hybrid schedules, multiple office hubs, and roles that regularly travel to client sites. The biggest failure mode is not “recruitment quality” — it’s geography mismatch: your PWD describes one location story, your ads describe another, your NOF points to a third, and your ETA-9089 locks in a fourth. When the case shows multiple versions of the same job opportunity, risk rises fast.
Core principle: build one location storyline (primary worksite + work mode + known additional worksites/travel boundaries) and keep that storyline consistent from PWD → recruitment → NOF → ETA-9089.
Primary worksite
Where the work is actually performed most of the time (home office or employer office), plus known additional worksites (if any).
Area of intended employment (PWD)
The geographic area used to set prevailing wage and define the job’s intended location coverage.
NOF (Notice of Filing)
A worker notice tied to the facility/location of employment and supported with clear posting evidence.
ETA-9089
The final “single source of truth” describing primary worksite (where actually performed) and any additional location/travel structure.
Contents
1) Choose the right primary worksite (remote, hybrid, multi-office, roving) 2) The “alignment spine”: one geography version across PWD → Ads → NOF → ETA-9089 3) Scenario matrix + audit-file pack: how to keep recruiting and NOF consistent 4) Risk hotspots, mobile-friendly self-check, FAQ, and official sources90-second answer (what most teams should do)
- Decide “where work is actually performed” first. For fully remote, primary is typically the employee’s home office address.
- Write a one-page Location Memo (primary, mode, known additional worksites, travel boundaries, change triggers).
- Make PWD, ads, NOF, and ETA-9089 mirror the same storyline — especially the remote/hybrid phrasing and geography scope.
- If relocation, hybrid policy, or regular worksites change before filing, re-sync the chain (PWD → ads → NOF → ETA-9089).
Educational content only; not legal advice. Always align your approach with your counsel and the official instructions for the relevant forms.
1) Choosing the primary worksite in 2025–2026: remote, hybrid, multi-office, and roving roles
Every remote/hybrid/multi-location PERM case starts with one deceptively simple question: Where is the work actually performed? Your answer determines the job’s location story, which then must remain consistent across PWD (area of intended employment), recruitment ads, NOF posting logic, and ETA-9089. When teams “keep options open” with vague language, they often create conflicting versions of the role.
A) Fully remote (telecommute / WFH)
- Primary worksite is commonly the employee’s home office address (city/state/ZIP), because that is where work is performed.
- If occasional office visits exist, define them with real boundaries (frequency/purpose) so you do not accidentally convert the role into “hybrid” later.
- Avoid turning the job into “remote anywhere” if your PWD is tied to a specific geographic area.
B) Hybrid (fixed or regular onsite days)
- Decide whether home or office is primary based on where work is performed most of the time.
- Use one stable hybrid description everywhere: onsite cadence + office location + remote allowance.
- Do not let different channels label the role differently (e.g., “office-based” in one place and “remote role” in another).
C) Multi-office (2+ employer offices)
- Choose a single primary office where the employee mainly works.
- If a second/third office is regular and known, treat it as part of the planned location structure before launching PWD/recruitment.
- Common risk: adding a regular worksite mid-process without re-syncing the chain.
D) Roving / client sites (travel roles)
- Define travel in measurable terms (typical % / frequency / geographic range) rather than “significant travel.”
- If client sites are known and recurring, plan coverage early so that PWD and ads do not contradict later disclosures.
- Keep a clean distinction between temporary visits and regular worksites.
High-risk change triggers before filing: relocation (new home office), shifting remote ↔ hybrid, adding a regular office/site, or materially expanding travel geography. If these occur, you often need to re-evaluate how PWD, ads, NOF, and ETA-9089 align.
Build a one-page Location Memo (recommended baseline)
A Location Memo is a practical internal control document. It helps HR, business, and counsel use one consistent location storyline.
- Primary worksite: home address or office address (city/state/ZIP) where work is primarily performed.
- Work mode: remote / hybrid (with onsite cadence) / multi-office / roving.
- Known additional worksites: list regular locations that are anticipated (not hypothetical).
- Travel boundaries: typical percentage, frequency, and geographic scope (states/region).
- Change control: who approves changes, and what events trigger a “re-sync” review.
Next: how to turn the Location Memo into a consistent “alignment spine” that survives PWD, recruitment, NOF, and ETA-9089.
2) The “alignment spine”: one geography version across PWD → Ads → NOF → ETA-9089
A remote/hybrid/multi-location PERM case succeeds when every artifact tells the same location story. Think of the case as a chain: PWD sets the geographic foundation, recruitment communicates that foundation to the labor market, NOF documents internal notice requirements, and ETA-9089 consolidates everything into a single official record. If any link uses broader, narrower, or different geography language, you create an avoidable inconsistency.
Step 1 — Identify where the work is actually performed
Remote / Hybrid / Multi-office / Client sites (roving)
Step 2 — Lock the primary worksite + boundaries
A) Fully remote
Primary = home office. Remote language must not imply “anywhere” if the PWD is tied to a specific area.
B) Hybrid
Primary = home or office (based on where most work occurs). Use one consistent hybrid cadence everywhere.
C) Multi-office / roving
Primary + known additional worksites + measurable travel boundaries (frequency/%/geography).
Step 3 — Keep four documents aligned
- PWD: area of intended employment covers the primary location and known worksites (as applicable).
- Recruitment ads: use the same geography and work-mode phrasing as the Location Memo and PWD strategy.
- NOF: posting is tied to the facility/location of employment and supported with dated evidence.
- ETA-9089: primary site (“where actually performed”) + additional worksites/travel description, if applicable.
Practical rule: if the primary address, work mode, or regular worksites change before filing, treat it as a re-sync event. The goal is to avoid having multiple versions of the job opportunity across documents.
Mobile checklist (same logic, card format)
1) Confirm where work is actually performed
Remote, hybrid, multi-office, or roving/client sites. This drives the entire location storyline.
2) Set the primary worksite
Home office or employer office (based on where most work occurs). Avoid vague “anywhere” language.
3) Define boundaries
Known additional worksites + measurable travel (frequency/%/geography). Keep it stable across the process.
4) Align the four artifacts
PWD → Ads → NOF → ETA-9089 should describe the same work mode and geography, without expansion or drift.
Short examples (logic-driven, not templates)
Remote: treat the home office as the anchor location; keep ad language consistent with the PWD’s geography (no “anywhere”).
Risk rises when ads imply a broader market than the PWD location coverage.
Hybrid: use one hybrid cadence statement everywhere (onsite frequency + office location + remote allowance).
Risk rises when one channel calls it “remote” while another calls it “office-based.”
Multi-office/roving: specify primary + known worksites + travel boundaries early.
Risk rises when new regular worksites appear after recruitment has started.
Next: a scenario matrix (4 columns) + audit-file pack and ad wording controls to keep recruitment and NOF aligned.
3) Scenario matrix + audit-file pack: keeping recruitment ads and NOF consistent
The fastest way to prevent location drift is to run the case through a scenario matrix. For each scenario (remote/hybrid/multi-office/roving), ensure your PWD geography, ad language, NOF posting logic, and ETA-9089 worksite fields are all describing the same reality. The matrix below uses 4 columns (desktop-friendly) and turns into mobile cards automatically.
| Scenario | Worksite + PWD (geography) | Ads/Recruitment + NOF | Risks + controls |
|---|---|---|---|
| Fully remote Home office |
Primary = home office address. PWD should reflect an area of intended employment consistent with where work is performed. Known additional worksites are planned before recruitment begins. | Ads should describe remote/telecommute consistently, without expanding to “anywhere” if the PWD is tied to a specific area. NOF posting is documented with dates, method, and visibility evidence. |
“remote anywhere”relocation
Control: one remote statement + primary locked + change triggers before filing.
|
| Hybrid Onsite + remote |
Primary = home or office (where most work occurs). PWD geography aligns with the primary and the planned onsite structure. | Use one hybrid cadence across channels (onsite days/frequency + office location + remote allowance). NOF is tied to the facility/location and supported by posting evidence. |
wording driftaddress mismatch
Control: Location Memo + ad review checklist before publishing.
|
| Multi-office 2+ offices |
Primary = main office. Regular additional offices are treated as planned (not hypothetical) and addressed in the coverage strategy. | Ads reflect the real structure (primary + permitted planned locations if they are part of the job opportunity). NOF posting evidence remains clean and complete. |
added site latemulti-state drift
Control: avoid adding regular worksites after recruitment starts without re-syncing.
|
| Roving Client sites |
Travel is defined with measurable boundaries (typical %/frequency/geographic scope). Coverage strategy anticipates the real travel footprint. | Ads describe travel clearly (avoid vague “significant travel”). NOF is tied to the employer facility and documented. |
vague travelunexpected sites
Control: measurable travel statement + change control for new regular client regions.
|
Audit-file essentials (location-focused)
- Location Memo (1 page): primary, mode, known worksites, travel boundaries, date, owner, and change triggers.
- Recruitment proof: copies of ads/job order + timestamps/placements + consistent location wording across all items.
- NOF proof: clear posting evidence (dates, method, and visibility to workers at the facility/location).
- Internal alignment: job description and remote/hybrid policy do not conflict with the PERM storyline.
- Change control: documented process if relocation or work-mode changes before filing.
Ad wording controls (remote/hybrid/multi-location)
The goal is not “perfect phrasing,” but consistent meaning. Keep your ads aligned with the PWD geography and your ETA-9089 intent. Below are examples of safer vs. riskier patterns (adjust to your counsel’s approach and the actual facts).
Preferred patterns (consistent and bounded)
Risky patterns (expand or blur geography)
Next: risk hotspots (desktop bars + mobile card format), a quick self-check tool, FAQ, and a visually enhanced list of official sources.
4) Risk hotspots, mobile-friendly self-check, FAQ, and official sources
In remote/hybrid and multi-location PERM, the highest risk is inconsistent geography. If the PWD, recruitment ads, NOF, and ETA-9089 describe different places or different work-mode realities, the case can appear internally inconsistent.
Risk hotspots (0–10): where mismatches happen most often
Use these scores as an internal attention scale. Higher scores mean you should enforce tighter wording consistency and stronger documentation.
Risk hotspots (mobile): quick cards
PWD ↔ Ads mismatch
Avoid “remote anywhere” if your PWD is anchored to a specific area.
Hybrid wording drift
Use one hybrid cadence statement across all channels and documents.
Vague travel
Define travel with measurable boundaries (typical %, frequency, geography).
Multiple regular worksites
Plan known sites early; adding regular sites mid-process increases mismatch risk.
Relocation before filing
Treat relocation as a re-sync trigger for PWD → ads → NOF → ETA-9089 alignment.
NOF evidence gaps
Keep dated posting evidence (method, visibility, location) clean and complete.
FAQ
Can PERM be filed for a fully remote (telecommute) role?
Often yes, when the case uses one consistent location storyline. The common pitfall is advertising language that implies a broader geography (“anywhere”) while the PWD and the intended worksite structure are tied to a specific area.
For hybrid roles, should the office or the home be treated as the primary worksite?
The best practice is to base primary on where work is actually performed most of the time. Then keep one consistent hybrid cadence statement across recruitment, internal artifacts, and the ETA-9089 narrative.
What if a new regular office/worksite is added before filing?
Treat it as a re-sync event. Confirm whether your PWD coverage and the already-completed recruitment steps still align with the new reality, or whether adjustments are necessary to avoid introducing conflicting location descriptions.
How should travel be described for roving/client-site roles?
Use measurable travel boundaries (typical percentage/frequency and geographic scope). Avoid vague phrasing that makes the work footprint impossible to reconcile with the PWD geography and the ETA-9089 description.
Quick self-check (location alignment)
This tool helps surface common mismatch patterns in remote/hybrid/multi-location cases. It does not replace legal review.
Primary sources (official)
PERM Regulations (eCFR, Title 20 Part 656)
Core PERM rules, including requirements connected to recruitment and notices.
https://www.ecfr.gov/current/title-20/chapter-V/part-656Recruitment timing (20 CFR 656.17 — 30–180 days)
Rules governing recruitment timing and the consistency expectations visible in the record.
https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-C/section-656.17Prevailing wage (DOL / OFLC)
Official DOL guidance on prevailing wage and how geography ties into wage determinations.
https://www.dol.gov/agencies/eta/foreign-labor/wagesETA-9089 Instructions
Form instructions, including worksite concepts such as “where the work will be performed.”
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA-9089-Instructions.pdfETA-9141 PWD Instructions (Appendix A)
Form guidance for prevailing wage requests, including multi-location related considerations.
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/Form%20ETA-9141%20-%20General%20Instructions%20-%20508%20Compliant%20-%20Expires%2007-31-2026.pdfFLAG (DOL) — PERM overview
Official portal with PERM program overview and navigation.
https://flag.dol.gov/programs/permOperational tip: before recruitment begins, cross-check your company’s public job postings and internal remote/hybrid policy wording against your Location Memo, so your PERM record does not conflict with widely visible statements about where the role can be performed.
