DOL is aware of the problems and continues to work to resolve them. In June 2019, DOL rolled out a new website for prevailing wage requests called " FLAG," or Foreign Labor Application Gateway. It can be even longer if the employer disagrees with the DOL's wage determination and requests a redetermination or files a new request with an adjusted job description and/or minimum requirements. As of late 2021, processing of PWDs was taking up to six months. Once the initial planning step is complete, employers will typically request a prevailing wage determination (PWD) from DOL. Step Two: Employer Obtains Prevailing Wage Determination From DOL This initial step usually takes employers a month or two. This can be more complex than it might sound. In the initial step, the employer must develop the job description and minimum requirements, decide the recruitment steps, and address any potential issues. Step One: Employer Writes Up Job Description and Requirements Next, in order to understand the time it will likely take to obtain an LC, let's look at each of the steps in the PERM process and how long each step will likely take by itself. It resembles the former state-driven process and involves DOL instructing the employer when and where to advertise and then serving as the intermediary to receive resumes of candidates. In one exception to the usual process of the employer handling the recruitment on its own, DOL sometimes requires employers to go through what is called Supervised Recruitment. That means that it reviews the employer's recruitment process and at times requests the resumes of people who applied for the position. To ensure quality control, DOL selectively chooses to audit some of the LCs. After completing the recruitment process, the employer submits a form listing its recruitment steps and attesting that it found no qualified U.S.
Under the PERM program, the employer is required to complete all recruitment without any involvement by the DOL, except the prevailing wage determination mentioned below. Government processing of LCs was taking a couple of years. As a result, the processing times for LCs extremely long, because DOL and the state agencies did not have the resources to process each LC in a timely manner. The idea was to streamline what had been an extremely complicated process, as well as reduce the overall time needed to obtain an approved LC.īefore the change to PERM, DOL and related state agencies were involved in every step of the process. The DOL processes LCs using a system called PERM (Program Electronic Review Management), which was established in 2005. workers available and willing to take the offered job. This article will acquaint you with the steps in that process which will help you understand why it might take longer than you were hoping! What Exactly Is PERM "Labor Certification?"Īn approved LC is a determination by DOL that the employer has proven, after a comprehensive recruitment and interview process, that there are no qualified U.S. lawful permanent residence (a green card) through employment is when the employer files the required Labor Certification (LC) with the U.S. An important and often time consuming part of the process of obtaining U.S.
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