An employer may employ a foreign worker to work permanently in the country if the Department of Labor (DOL) has granted them a permanent labor certification. Most of the time, an approved labor certification application must be obtained from the DOL’s Employment and Training Administration before a U.S. company can file an immigration petition to USCIS, part of the Department of Homeland Security (ETA).
The DOL must certify to the USCIS that there are insufficient American workers who are able, willing, qualified, and available to accept the position in the intended employment area and that the hiring of the foreign worker won’t have a negative impact on the pay and working conditions of American workers who are similarly employed.
Even if you have a fantastic international employee waiting in the wings, you can’t hire them until your pending labor certification has been approved by the American government. Regrettably, the Department of Labor occasionally needs several months to grant a permanent labor certification. Here is how to check your PERM Labor application’s current status while you wait.
Check the Processing Times
Processing timelines are available from the Department of Labor at https://icert.doleta.gov.
Choose “Processing Times” from the tabs. Once every month, these times are updated. Under the Processing Queue column, look for “PERM.” The Request Date is located to the right. This date indicates the month and year that the organization is currently processing the applications.
The Request Date can read January 2023, for instance. As a result, applications submitted in January 2023 are currently being examined. If your application was submitted in March 2023, the department has not yet dealt with it. Every month, check the processing times to see how quickly the department is operating.
Verify the Filing Date
Log in to the Permanent Case Management System at https://www.plc.doleta.gov if you submitted your application online. Verify the filing date.
If the organization is still processing your application months after you filed it, contact the National Processing Center (NPC). You should call the National Processing Center to inquire about the status of your paper application.
Contact the National Processing Center by Phone
The NPC Support Desk’s phone number is 404-893-0101. Give them your name and the application’s filing date. Inquire about any gaps and what actions you should take next.
Submit a New Appeal
If your request for reconsideration is turned down, your appeal will alternatively be sent to the Board of Alien Labor Certification Appeals (BALCA) for review. Submit a fresh PERM application. You might want to submit a new appeal because BALCA doesn’t frequently reverse a denial. Unless you were rejected soon after applying, you must typically finish a new recruitment drive. Consult with your lawyer to determine which option is best for you.
You must demonstrate to the Department of Labor through a series of tests that there are no Americans who are ready and able to perform the work in place of your foreign beneficiary in order to submit a new PERM application. Also, you must show that receiving PERM certification won’t have a negative impact on the U.S. economy.
Next, you’ll fill out Form I-140 for your foreign employee. You have 180 days to complete Form I-140, Immigrant Petition for an Alien Worker, and submit it to the U.S. Citizenship and Immigration Services if your application was certified. On the USCIS website, you can download the form and instructions.
Submit Any Necessary Documentation
Together with the other documents required by USCIS, you must submit your Form I-140 with the certified ETA Form 9089 (the Department of Labor’s PERM paperwork) attached. Don’t forget to pay the filing cost. The cost as of May 2017 is $700.
Make your payment payable to the “U.S. Department of Homeland Security” on your check or money order. Use the full name; do not use the initials “DHS” or “USDHS.” Call the USCIS National Customer Service Center at 1-800-375-5283 to learn where to file.
Where to Turn if You Have Questions
If you have any questions or concerns regarding how to track your PERM labor certification status, please don’t hesitate to reach out to our friendly and knowledgeable staff at Pride Immigration today for more details and information. We are here to assist you in any way possible to make obtaining your PERM labor certification a seamless transition.
Beeraj Patel, Esq.
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