General Procedure for Filing a Labor Certification Application

The PERM process is an extremely complicated process. It involves a thorough review of the alien beneficiary’s qualifications, the position offered, the employment setting, the wording of the job requirements which can have consequences, the detailed arrangement and follow-up of the recruitment schedules, the compliance of recruitment procedures, and the proper documentation and technical information in the forms. The general process for filing a PERM labor certification is described below:

  • Employer agrees to sponsor the PERM Labor Certification for the alien beneficiary;
  • Employer retains an immigration attorney for filing PERM Labor Certification, and establishes Attorney-Client Relationship;
  • Attorney collects information needed for labor certification, including detailed job description, petitioning employer information and alien beneficiary’s qualifications and work experience;
  • Employer registers on the PERM online filing system following attorney’s instruction and assigns a sub-account to the attorney;
  • Attorney communicates with the employer and alien beneficiary. Attorney then designs job descriptions and determines the requirements for the position;
  • Attorney obtains prevailing wage determination from the National Prevailing Wage and Helpdesk Center (NPWHC);
  • Attorney designs the job recruitment advertisements including job title, job duties and job descriptions;
  • With assistance from the attorney, the employer will arrange the recruitment schedule and advertise the job posting with the proper internal and external media in accordance with the DOL provisions;
  • Employer screens and reviews applicants, and conducts phone or on-site interviews if the applicant meets the minimum job requirements;
  • If there is no qualified US worker for the position, the employer is eligible to submit the PERM application;
  • Recruitment activities must be completed within 30-180 days before submitting the application and the employer should document all recruitment activities;
  • Attorney will work on the recruitment reports based on the recruitment documents provided by the employer;
  • Attorney will prepare the online PERM application and provide a copy to the employer and the alien beneficiary for review before filing;
  • Attorney will submit the online PERM Labor Certification Application upon approval from the employer and the beneficiary. The date the labor certification application is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the priority date;
  • Attorney receives an e-mail from the DOL confirming the PERM Labor Certification has been received and submitted for processing;
  • If the DOL agrees that the employer conducted the required recruitment and found no qualified and available U.S. workers for the position, the DOL usually certifies (approves) the PERM Labor Certification within 45-60 days from the date of filing, although some cases may be approved in just a couple of days;
  • If the DOL finds the labor certification application suspicious or selects the application for random checking, the DOL may choose to audit the application;
  • If the DOL chooses to audit the application, the employer should submit the required documents to the DOL within 30 days. If the employer fails to submit documents within 30 days, the DOL will not only deny the specific application but also may require future applications from the same employer to go through a supervised advertisement and posting process;
  • After reviewing the employer’s documents submitted in an audited case, the DOL may certify the labor certification petition, deny the petition, or ask the employer go through the supervised recruitment process.

PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.

For more information on PERM labor certification, please refer to the following links: