Labor Certification
Labor Certification is the first of the three step process which most intending immigrants need to successfully navigate in order to become a permanent resident. Those three steps are:
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1 LABOR CERTIFICATION Who files: The Employer Where filed: The Department of Labor Processing Time under PERM: 60-180 days to prepare for filing, 60-90 for approval |
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2 I-140 IMMIGRANT VISA PETITION Who files: The Employer Where filed: United States Citizenship and Immigration Services Processing time = 10-12 months This form is required to receive approval to apply for the actual green card. |
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3 I-485 APPLICATION FOR PERMANENT RESIDENCE The “Green Card” Who files: The Employee Where filed: United States of Citizenship and Immigration Services Processing time = 18-24 months Work Permits for self and family Travel Documents (if eligible) Low interview rate |
In order to file for permanent residence based upon employment, most immigrants are required to have a Labor Certification filed on his/her behalf by his/her employer. This process is designed to ensure that:
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At the time of filing the application and in the area of intended employment, qualified U.S. workers cannot be found who are available, willing, and able to fill the position being offered to the immigrant worker |
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Employment of the immigrant will not adversely affect the wages and working conditions of similarly employed U.S. workers. |
Summary of the Process
- The employer conducts pre-filing recruitment according to strict DOL regulations. All positions require a job order placed with the local Job Service for 30 days, to begin no less that 60 days before filing, and two advisements to be placed in Sunday editions of the local, general circulation newspaper. Professional positions also require three additional recruitment steps, including such outlets as trade journals, campus recruitment, job fairs and online job search services.
- The Labor Certification Application is filed electronically with the Department of Labor. The date on which DOL receives the application is the immigrant’s priority date. The priority date establishes the immigrant’s place on the waiting list for permanent residence, if the application is approved. Click here for the most recent Visa Bulletin.