Further, for a prevailing wage determination to be used in a labor certification application, a petitioning employer must either start advertising and recruitment during the validity period or otherwise file the PERM application during this window.
Background EZ4U, a multinational hospitality business, plans to file a labor certification application for an alien worker, Zuleyha. The company runs its first ad for the PERM position one day before receiving the prevailing wage determination it requested. DOL will deny this labor certification application because EZ4U neither started recruitment nor filed the PERM petition for Zuleyha within the prevailing wage determination validity period.
If the company had either started recruitment or filed its PERM petition within the validity period, then the case could have been approved. Prevailing wage determinations are connected to the job at the focus of a labor certification application, and not to the employee. Including the right information relevant to the job is crucial, since a mistake can alter the amount of the prevailing wage.
Oftentimes, such a mistake cannot be rectified if recruitment has already begun, and it is not uncommon for the application to be denied as a result. Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. Its processing involves approving, denying, or auditing the LC.
Since the process changed in , DOL hasn't exactly been consistent, sometimes taking well over three months to complete the initial review of LCs, while other times doing so in as little as a week. The three- to four-month range has been the normal trend. DOL tends to process audited LCs within about six months from receiving the employer's response. If the employer files an appeal to correct a government error, DOL will adjudicate the appeal within a few months.
Otherwise, DOL typically takes several years to process an appeal. The result of all this is that it is possible for an employer to obtain an approved LC in fewer than six months. Still, because LCs remain complex, it is typical for an employee to wait around nine to 12 months before the employer has taken all the steps required to receive an approved Labor Certification. Browse All Immigration Topics ».
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Timeline of the U. Labor Certification Process. One of the major steps in sponsoring a foreigner for work in the U. Here's what to expect. Law Firms working with the Envoy Platform or another qualified professional.
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