Buzz
If you have a promising foreign employee ready for a role, you must wait for the U.S. government’s approval of your labor certification before proceeding with hiring. This process can sometimes take several months for the Department of Labor to grant the permanent labor certification. In the meantime, you can monitor the status of your application.
Steps
Tracking the Status
Check Processing Times. The Department of Labor shares its processing times here: https://flag.dol.gov/. Simply click on the “Processing Times” tab. These updates occur monthly.
- Look for “PERM” under the Processing Queue column. The Request Date to the right shows when the agency began processing applications.
- For example, if the Request Date is January 2017, this means the department is currently reviewing applications submitted in January 2017. If you applied in March 2017, your application is still pending.
- Check the processing times monthly to track the department’s progress.
Verify your filing date. If you submitted your application online, log into the Permanent Case Management System at http://www.plc.doleta.gov to confirm your filing date. If the agency is processing applications months after your submission, contact the National Processing Center (NPC) for clarification.
- If you filed a paper application, you should reach out to the NPC directly to inquire about the status of your submission.
Contact the National Processing Center. You can get in touch with the NPC Help Desk by calling 404-893-0101. Provide your name and the filing date of your application. Ask if there are any missing documents and inquire about the next steps you should take.
Next Steps
Decide on your next move if your application is denied. If your application is rejected, you have 30 days to determine your course of action. If no action is taken, the denial stands as final. It's advised to consult an immigration attorney to explore your options, which will depend on your specific situation:
- Request reconsideration. You can ask the certifying officer to reevaluate your case. This is a good option if you have new evidence to support your application. Make sure your cover letter clearly states that you're requesting “reconsideration.”
- Request a review. You may ask the Board of Alien Labor Certification Appeals (BALCA) to review your case by stating “request for review” in your cover letter. If your reconsideration request is denied, your appeal will be forwarded to BALCA for further examination.
- Submit a new PERM application. Since BALCA rarely overturns denials, submitting a new application might be your best option. However, this typically requires you to conduct a new recruitment campaign unless the denial occurred shortly after your initial application. Consult with your attorney to determine the most appropriate action.
- To submit a new PERM application, you'll need to prove to the Department of Labor that there are no qualified U.S. workers who could fill the position instead of your foreign worker. Additionally, you must demonstrate that hiring a foreign worker will not adversely impact the U.S. economy.
Complete Form I-140 for your foreign worker. If your application is approved, you will have 180 days to file Form I-140, the Immigrant Petition for an Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
- You can download the form and instructions from the USCIS website.
Provide all necessary documents. When submitting your Form I-140, make sure to include the certified ETA Form 9089 (the PERM certificate issued by the Department of Labor) along with any other documentation required by USCIS.
- Don’t forget the filing fee. As of May 2017, the fee is $700. Ensure your payment is made via check or money order payable to “U.S. Department of Homeland Security.” Avoid using any other abbreviations like “DHS” or “USDHS.”
- To confirm the correct filing location, call the USCIS National Customer Service Center at 1-800-375-5283.
