Download ArticleDownload ArticleThis article was co-authored by Dhenu Maru. Dhenu Maru is an Immigration Lawyer, as well as the Founder and CEO of SwagatUSA, LLC. With over 10 years of experience, she specializes in family immigration and business immigration. She earned her law degree from Loyola University Chicago School of Law and her BA in Philosophy & Child Development from Tufts University. She was named a Rising Star by Super Lawyers for 2017, 2018, and 2019. She earned the title of Super Lawyer in 2021 and has been selected again for 2023.
This article has been viewed 179,371 times.
You might have a great foreign employee lined up for a job, but you can’t hire them until the U.S. government approves your pending labor certification. Unfortunately, it sometimes can take several months for the Department of Labor to issue a permanent labor certification. While you're waiting, you can check the status of your application.
Steps
Find the processing times. The Department of Labor provides processing times here: https://flag.dol.gov/. Click on the “Processing Times” tab. These times are updated once a month.[1]- Look for “PERM” under the Processing Queue column. To the right is the Request Date. This date reflects the month and year of the applications which the agency is currently processing.
- For example, the Request Date might read January 2017. This means that applications filed in January 2017 are being reviewed. If you filed in March 2017, then the department has not yet reached your application.
- Check the processing times every month to see how fast the department is moving.
Check your filing date. If you filed your application online, then log into the Permanent Case Management System at http://www.plc.doleta.gov. Check your filing date. Call the National Processing Center (NPC) if the agency is processing applications for months after you filed.- If you filed a paper application, then you should call the National Processing Center and get the status update.
Advertisement
Call the National Processing Center. You can reach the NPC’s Help Desk at 404-893-0101.[2] Tell them your name and the filing date of your application. Ask if anything is missing and what your next steps should be.
-Status-Step-1.jpg)
-Status-Step-2.jpg)
-Status-Step-3.jpg)
Choose a next step if your application is denied. If you’re denied, you’ll have 30 days to decide what you want to do. If you do nothing, then the denial becomes final. You should meet with an immigration attorney to discuss your best options, which will depend on the circumstances:- Request reconsideration. You can ask the certifying officer to take another look and reconsider the denial. This is a good choice if you have extra evidence to present in support of your application. Your cover letter should explicitly state you want “reconsideration.”
- Request review. You can also ask the Board of Alien Labor Certification Appeals (BALCA) to review in the first instance by including the words “request for review” in your cover letter. Alternately, if your request for reconsideration is denied, your appeal will be forwarded to BALCA for consideration.
- File a new PERM application. Because BALCA rarely overturns a denial, you might want to go ahead and submit a new appeal. However, you generally must complete a new recruitment campaign unless you were denied shortly after applying.[3] Check with your attorney about the best choice for you.
- To file a new PERM application, you'll need to show the Department of Labor, through a series of tests, that there are no U.S. residents who are willing and able to do the job instead of your foreign beneficiary. You'll also need to demonstrate that your PERM certification won't negatively affect the U.S. economy.
Complete Form I-140 for your alien worker. If your application was certified, you have 180 days to complete Form I-140, Immigrant Petition for an Alien Worker, and file it with the U.S. Citizenship and Immigration Services (USCIS).[4]- You can download the form and instructions from the USCIS website.[5]
Submit all required paperwork. When you submit your Form I-140, you must also attach the certified ETA Form 9089 (the PERM document from the Department of Labor), along with other documents specified by USCIS.[6]- Remember to include the filing fee. As of May 2017, the fee is $700.[7] Make your check or money order payable to “U.S. Department of Homeland Security.” Don’t use any other initials, such as “DHS” or “USDHS.”
- Find out where to file by calling the USCIS National Customer Service Center at 1-800-375-5283.
-Status-Step-4.jpg)
-Status-Step-5.jpg)
-Status-Step-6.jpg)
Expert Q&A
- QuestionCan the employee make a call to check on the status?
Lahaina Araneta, JDLahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.
Attorney at LawYes, beneficiaries (employees) and petitioners (employers) can both make a call to check on case statuses.
Tips
Expert Interview
Thanks for reading our article! If you'd like to learn more about PERM status, check out our in-depth interview with Dhenu Maru.
References
- ↑ https://www.foreignlaborcert.doleta.gov/perm_detail.cfm
- ↑ https://www.foreignlaborcert.doleta.gov/perm_detail.cfm
- ↑ http://www.klaskolaw.com/article/assessing-options-after-the-labor-certification-denials-realistically-assessing-chances-upon-reconsideration-and-appeal/
- ↑ https://www.foreignlaborcert.doleta.gov/perm_detail.cfm
- ↑ https://www.uscis.gov/i-140
- ↑ https://www.foreignlaborcert.doleta.gov/perm_detail.cfm
- ↑ https://www.uscis.gov/i-140
About This Article
To check your permanent labor certification status, log on to the Department of Labor and click the “Processing Times” tab. Look for “PERM” under the Processing Queue column. To the right of this, you’ll see the Processing Date, which shows the month and year of the applications that the agency is currently processing. Check back monthly to get a sense of how fast the department is moving. If the agency is currently processing applications for the months after you filed, call the National Processing Center to check your status. You can reach the NPC’s Help Desk by calling 404-893-0101. Give them your name and filing date, then ask if anything is missing or what your next steps should be. To learn how to proceed if your application is denied, keep reading!
Did this article help you?
⚠️ Disclaimer:
Content from Wiki How English language website. Text is available under the Creative Commons Attribution-Share Alike License; additional terms may apply.
Wiki How does not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain, or use, reproduce, or republish the information contained herein.
- - A few of these subjects are frequently censored by educational, governmental, corporate, parental and other filtering schemes.
- - Some articles may contain names, images, artworks or descriptions of events that some cultures restrict access to
- - Please note: Wiki How does not give you opinion about the law, or advice about medical. If you need specific advice (for example, medical, legal, financial or risk management), please seek a professional who is licensed or knowledgeable in that area.
- - Readers should not judge the importance of topics based on their coverage on Wiki How, nor think a topic is important just because it is the subject of a Wiki article.
