LABOR CERTIFICATION with the USDOL: Procedures and Processing Times

By Alexander Alfano

Labor certification is a crucial step in the employment-based immigration process in the United States, ensuring that hiring foreign workers does not negatively impact job opportunities or wages for U.S. workers. Administered by the U.S. Department of Labor (USDOL), the process is formally known as the Permanent Labor Certification Program, or PERM.

Procedures for Labor Certification

The labor certification process begins when an employer files a PERM application on behalf of a foreign worker. Before filing, employers must evaluate the U.S. labor market to ensure there are no qualified, willing, and available U.S. workers for the position. This involves:

• Recruitment: Posting job advertisements in newspapers, online job portals, and other required channels. Recruitment efforts must adhere to strict guidelines to ensure fairness and transparency.
• Filing the PERM Application: Employers submit Form ETA 9089 through the USDOL’s online system. This application includes details about the job, offered salary, recruitment efforts, and the foreign worker’s qualifications.
• Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the USDOL, ensuring the offered wage meets regional and industry standards.

You might also be interested in: “Migrant Caravans to the U.S.: Causes and Context.“

Processing Times

Processing times for labor certification vary depending on factors such as the volume of applications and whether the case is audited. On average:

• Standard PERM cases: 6-9 months.
• Audited cases: An additional 6 months to a year, as the USDOL requests and reviews supplemental documentation.
• Prevailing wage determinations: Typically take 3-4 months.

Conclusion

Labor certification is a detailed process designed to balance U.S. labor market interests with immigration goals. Employers must follow strict procedures, and processing times can be lengthy, requiring careful planning to complete the process successfully. Understanding this process is essential for both employers and foreign workers seeking permanent immigration through employment.

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