1. What are the current priority dates for PERM labor certification?

The current priority dates for PERM labor certification can be found on the Department of Labor’s website. The most current information can be found on the U.S. Department of Labor’s PERM Steps page, which lists the priority dates for most states.

2. How can I check my priority date?

The best way to check your priority date is to consult the Visa Bulletin published by the U.S. Department of State. This bulletin lists the priority dates for all immigrant visa categories. You can also contact the National Visa Center (NVC) or U.S. Citizenship and Immigration Services (USCIS) for assistance in determining your priority date.

3. What steps must be taken to obtain PERM labor certification?

In order to obtain PERM labor certification, a U.S. employer must complete the following steps:

1. Recruitment: The employer must recruit U.S. workers for the position for which a foreign national is being sought by placing several job advertisements in different media outlets, including newspapers.

2. Prevailing Wage Determination: The employer must file an application with the U.S. Department of Labor (DOL) to determine the prevailing wage for the occupation in the area of intended employment.

3. Filing the Application: The employer must file an application with the DOL, which includes various forms, documentation, and attestations attesting to the recruitment efforts conducted and the fact that there are no qualified U.S. workers available for the position.

4. Audits and Investigations: The DOL may choose to audit or investigate the recruitment efforts or other aspects of the application, which can delay processing of the application or result in its denial.

5. Approval or Denial: The DOL will issue a decision regarding the application within six months from filing or, in some cases, longer. If approved, the employer will receive a labor certification from the DOL that is valid for 180 days from issuance.

4. What is the processing time for PERM labor certification?

The processing time for PERM labor certification varies based on the complexity and backlog of the case and can take anywhere from several months to a year or more.

5. What are the prevailing wage requirements for PERM labor certification?

Under the PERM labor certification process, employers must pay the prevailing wage rate for the job being offered. The prevailing wage rate is determined by the U.S. Department of Labor and is based on the occupation, geographic area, and skill level of the position. Employers must pay the higher of either the actual wage paid to other employees with similar experience and qualifications or the prevailing wage rate determined by the Department of Labor.

6. What documents must be submitted in order to apply for a PERM labor certification?

In order to apply for a PERM labor certification, an employer must submit a set of Form ETA 9089, along with supporting documents such as job descriptions, an employer’s recruitment efforts, and evidence of wage offers. Depending on the type of job being certified, additional documents such as an international labor market test report may also be required. The employer must also submit evidence of the employee’s qualifications and experience for the position in question.

7. How often should I check my PERM labor certification application status?

The Department of Labor recommends that you check the status of your PERM labor certification application at least every two weeks.

8. Can I expedite my PERM labor certification application?

Unfortunately, the U.S. Department of Labor (DOL) does not have an expedite process for processing PERM labor certification applications. However, employers may submit a Request for Expedited Processing to the DOL under certain circumstances. These circumstances may include, but are not limited to:

– The hiring of a qualified worker is essential to the immediate and continued economic viability of the employer
– The hiring of a qualified worker is essential to address an urgent humanitarian crisis
– The employer is the recipient of a major business award or has been recognized for its contributions to the community or for its commitment to diversity
– The employer is engaged in an urgent project that must be completed within a specific timeframe
– The PERM labor certification application is related to a research project or other special circumstance that requires urgent processing

9. How can I challenge a denial of PERM labor certification?

The U.S. Department of Labor (DOL) provides multiple ways to challenge a denied PERM Labor Certification. You may file an appeal with the Board of Alien Labor Certification Appeals (BALCA). Alternatively, you may also file a Motion to Reopen or Reconsider with the Certifying Officer.

10. Can I withdraw my PERM labor certification application?

Yes, you can withdraw your PERM labor certification application at any time before it is approved or denied. However, if a denial has been issued, you cannot withdraw the application.

11. What is an “Audit” for PERM Labor Certification?

An audit is a review of the Department of Labor’s (DOL) PERM labor certification process, designed to ensure employers are in compliance with the regulations. The audit can include a review of recruitment practices, documentation, job description, and other related paperwork. If any violations of the PERM labor certification regulations are found, the employer may be subject to fines or penalties.

12. Are there any special rules or requirements for PERM Labor Certification applications for Schedule A Occupations?

Yes. When filing a PERM Labor Certification application for a Schedule A occupation, employers must submit an attestation to the U.S. Department of Labor that they are qualified to hire the foreign national in the position. Additionally, employers must also submit evidence of the foreign national’s education and experience, as well as proof of the foreign national’s job offer and eligibility to work in the U.S..

13. What are the requirements for advertising under PERM Labor Certification?

The employer is required to post a recruitment notice of the offered position at the place of intended employment for a period of at least two weeks. Additionally, the employer must place two additional advertisements in the labor market. One advertisement must be placed in a national professional journal related to the offered position. The other advertisement must be placed in a Sunday edition of a newspaper of general circulation in the area of intended employment. The employer must also provide evidence of recruitment activity undertaken by the employer such as information on recruitment sources, response from applicants, etc.

14. If my PERM Labor Certification application is approved, when can I begin to submit the I-140 Petition for Non-Immigrant Worker?

Once your PERM Labor Certification application is approved, you may begin to submit the I-140 Petition for Non-Immigrant Worker immediately.

15. Are there any exemptions or waivers available for PERM Labor Certification applications?

Yes, there are some exemptions and waivers available for PERM Labor Certification applications. Some examples of these exemptions and waivers include application filing fees, recruitment requirements, and the 180-day priority date retention.

16. How long does it take to process the I-140 Petition for Non-Immigrant Worker after approval of the PERM Labor Certification application?

The processing time for an I-140 Petition for Non-Immigrant Worker after approval of the PERM Labor Certification application depends on the case load of the Service Center where it is filed. Generally, processing times range from 3 to 12 months.

17. What is the difference between an “Approval” and “Certification” of a PERM Labor Certification application?

An approval of a PERM Labor Certification application is when the U.S. Department of Labor (USDOL) has determined that the application is complete and compliant with all regulations and standards governing the employment of a foreign worker. This approval gives the employer permission to proceed with recruiting and hiring the foreign worker.

A certification of a PERM Labor Certification application is when the USDOL has completed a thorough review of the application and determined that there are no qualified U.S. workers who are able, willing, qualified and available for the job. This certification gives the foreign worker permission to apply for an immigrant visa to legally work in the U.S.

18. What if my employer fails to provide cooperating evidence when filing a PERM Labor Certification application?

If your employer fails to provide the necessary evidence when filing a PERM Labor Certification application, the application will likely be denied by the United States Citizenship and Immigration Services (USCIS). It is important to ensure that all evidence required for a PERM Labor Certification application is provided in order to increase the chances of approval.

19. What happens after a PERM Labor Certification application is approved and the I-140 Petition for Non-Immigrant Worker is filed?

Once a PERM Labor Certification application has been approved and an I-140 Petition for Non-Immigrant Worker has been filed, the applicant must wait for the U.S. Citizenship and Immigration Services (USCIS) to adjudicate the petition. The USCIS will review the application to determine if the applicant meets the requirements of eligibility to become a lawful permanent resident. If the application is approved, the applicant may be able to apply for an adjustment of status or a visa in order to enter and stay in the United States as a lawful permanent resident.

20. How does filing multiple PERM Labor Certification applications affect priority dates?

Filing multiple PERM Labor Certification applications does not affect priority dates for any of the applications. Each application is considered separately and will receive its own priority date.